Lewin v Racing NSW ABN 86281604417 [2018] NSWSC 269

Supreme Court New South Wales

Medium Neutral Citation: Lewin v Racing NSW ABN 86281604417 [2018] NSWSC 269 Hearing dates: 16 February 2018 Date of orders: 06 March 2018 Decision date: 06 March 2018 Jurisdiction: Common Law Before: Rothman J Decision: (1) Declaration that, on the proper construction of the Racing Appeals Tribunal Act 1983 and the Racing Appeals Tribunal Regulations 2015, the plaintiff has a right to appeal under s 15(1)(d) of the Racing Appeals Tribunal Act 1983;

(2) The first and third defendants shall pay the plaintiff's costs of and incidental to the proceedings;

(3) Any party may apply for a different or special order as to costs by filing at the email address of the Associate to the Court a submission to that effect within seven days and any other party affected by any such application may reply to that submission in writing in a further seven days. The written submissions should be no more than five pages (not including any document on which any party seeks to rely). Catchwords: ADMINISTRATIVE LAW – statutes – discussion of principles of construction – need for harmonious goals – decision of Racing NSW not to renew bookmaker's licence – whether decision of Racing NSW may be appealed to Racing Appeals Tribunal – interaction of s 15, s 18 and s 23 of Racing Appeals Tribunal Act 1983, reg 5 of Racing Appeals Tribunal Regulations 2005, Thoroughbred Racing Act 1996 and rules applicable to Racing NSW – decision not to renew is a "disqualification" and appeal not precluded – discussion of "classes of matters" in s 18 of Racing Appeals Tribunal Act 1983 – declaration issue Legislation Cited: Racing Appeals Tribunal Act 1983, ss 15(1), 18, 23 Racing Appeals Tribunal Regulation 2005, regs 5, 14 Thoroughbred Racing Act 1996, ss 4, 5, 13, 14, 14AA Cases Cited: Ex parte Currie; Re Dempsey (1968) 70 SR(NSW) 1; 88 WN (Pt. 2) 193 La v Federated Furnishing Trade Society of A/asia (Re LA) (1993) 41 FCR 151 Melbourne Home of Ford Pty Ltd v Trade Practices Commission (1979)36 FLR 450; 5 TPC 26 New South Wales Thoroughbred Racing Board v Waterhouse (2003) 56 NSWLR 691; [2003] NSWCA 55 Project Blue Sky v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 Re Judiciary Act 1903-1920 & in Re Navigation Act 1912-1920 (1921) 29 CLR 257; [1921] HCA 20 WA Pines Pty Ltd v Bannerman (1980) 41 FLR 175; (1980) 30 ALR 559; [1980] FCA 79 Category: Procedural and other rulings Parties: Leo Lewin (Plaintiff) Racing NSW ABN 86281604417 (First Defendant) Minister for Racing for the State of New South Wales (Second Defendant) State of New South Wales (Third Defendant) Representation: Counsel: M Pesman (Plaintiff) P Braham SC / D Birch (First Defendant) J Emmett (Second Defendant)