Racing NSW v Lewin [2018] NSWCA 93

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Racing NSW v Lewin [2018] NSWCA 93 Hearing dates: 1 May 2018 Decision date: 03 May 2018 Before: Bathurst CJ at [1]; Basten JA at [2]; Macfarlan JA at [43] Decision: (1) Grant the applicant leave to appeal.

(2) Allow the appeal and set aside order (1) made in the Common Law Division on 6 March 2018 and orders (2)-(4) made on 19 April 2018.

(3) In lieu therefore declare that Mr Lewin has no right of appeal to the Racing Appeals Tribunal from the decision of Racing NSW to refuse to grant him a bookmaker licence for the year ending 30 June 2018.

(4) Mr Lewin is to pay the costs of Racing NSW in this Court and in the Common Law Division.

(5) Grant Mr Lewin a certificate under the Suitors' Fund Act 1951 (NSW) with respect to the costs of the appeal. Catchwords: ADMINISTRATIVE LAW – regulations — validity of delegated legislation — whether Racing Appeals Tribunal Regulation 2015 (NSW), cl 5 arbitrary or capricious

CIVIL PROCEDURE — parties — joinder — whether necessary to join State of New South Wales (or other relevant polity) where challenge to validity of regulations — State of New South Wales v Macquarie Bank Ltd (1992) 30 NSWLR 307 not followed

JURISDICTION — Racing Appeals Tribunal – decision by Racing NSW not to renew bookmaker licence – jurisdiction to hear appeal

WORDS AND PHRASES — "regulations may make provision for or with respect to appeals" — Racing Appeals Tribunal Act 1983 (NSW), s 18

WORDS AND PHRASES — "person … may, in accordance with the regulations, appeal" — Racing Appeals Tribunal Act 1983 (NSW), s 15 — "revoke the licence of any person under the rules" — Racing Appeals Tribunal Regulation 2015 (NSW), cl 5 Legislation Cited: Judiciary Act 1903 (Cth), s 78B Racing Appeals Tribunal Act 1983 (NSW), ss 15, 16, 17, 18, 23 Supreme Court Act 1970 (NSW), s 101 Thoroughbred Racing Act 1996 (NSW), ss 3, 14, 14A, 14AA, 42, 45