Vasili v Racing New South Wales [2018] NSWSC 451

Supreme Court New South Wales

Medium Neutral Citation: Vasili v Racing New South Wales [2018] NSWSC 451 Hearing dates: 14 February 2018 Date of orders: 13 April 2018 Decision date: 13 April 2018 Jurisdiction: Common Law Before: Garling J Decision: (1) Stand proceedings over for directions to 9:30am on 27 April 2018. (2) Direct that the parties exchange Short Minutes of Order setting out the orders for which each contends by 4pm 20 April 2018. (3) Direct that the parties are to provide a copy of any Short Minutes of Order to my Associate at that time. Catchwords: ADMINISTRATIVE LAW – judicial review – decisions of Racing Appeals Panel and Racing Appeals Tribunal – finding of improper practice in connection with racing – procedural fairness – no evidence – irrelevant consideration alleged to be taken into account – validity of regulations – whether time limit imposed by regulations was arbitrary or capricious – whether jurisdiction of the Tribunal was limited to grounds of appeal raised – constructive failure to exercise jurisdiction – jurisdictional error established

STATUTORY CONSTRUCTION – interpretation of regulations consistently with enabling Act – principle of implied repeal by statute Legislation Cited: Australian Rules of Racing Justices Act 1902 (Repealed) Racing Appeals Tribunal Act 1983 Racing Appeals Tribunal Regulation 2015 Thoroughbred Racing Act 1996 Thoroughbred Racing Legislation Amendment Act 2004 Cases Cited: Abebe v Commonwealth [1999] HCA 14; (1999) 197 CLR 510 Beadle v Director-General of Social Security [1985] FCA 234; (1985) 60 ALR 225 Benjamin v Repatriation Commission [2001] FCA 1879; (2001) 34 AAR 270; 70 ALD 622 Hall v Manahan [1919] St R Qd 217 In the Matter of the Appeal of Licensed Trainer Kevin Moses (Racing Appeal Panel, 9 October 2015, unrep) Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; (2001) 206 CLR 323 Magrath v Goldsborough Mort & Co Ltd [1932] HCA 10; (1932) 47 CLR 121 Parker v Director of Public Prosecutions (1992) 28 NSWLR 282 Saraswati v The Queen [1991] HCA 21; (1991) 172 CLR 1 Shergold v Tanner [2002] HCA 19; (2002) 209 CLR 126 TN v Walford (1998) 126 NTR 8 Texts Cited: D C Pearce and R S Geddes, Statutory Interpretation in Australia (7th ed, 2011, LexisNexis Butterworths) Category: Principal judgment Parties: Angelis Vasili (P) Racing New South Wales (D1) Racing Appeals Panel (D2) Racing Appeals Tribunal (D3) Representation: Counsel: J Hmelnitsky SC / D Hume (P) P Braham SC / J Hutton (D1) Submitting (D2) Submitting (D3)