Simiana v Harness Racing New South Wales [2019] NSWSC 11

Supreme Court New South Wales

Medium Neutral Citation: Simiana v Harness Racing New South Wales [2019] NSWSC 11 Hearing dates: 1 February 2018 Date of orders: 21 January 2019 Decision date: 21 January 2019 Jurisdiction: Common Law Before: Lonergan J Decision: (1) The decision of HRNSW Licensing Committee dated 18 September 2017 imposing conditions upon the plaintiff's training and driving licences be set aside.

(2) The Licensing Committee of HRNSW determine the plaintiff's application for training and driving licences forthwith according to law.

(3) In respect of the other relief sought in the Summons, the parties are to prepare and provide short minutes of order reflective of this judgment within seven (7) days.

(4) The matter is listed for directions at 11.30 am on Tuesday 29 January 2019 (or such other date or time during that week notified by email to my Associate, which is suitable to the parties.) Catchwords: ADMINISTRATIVE LAW – judicial review – decision of Harness Racing New South Wales – procedural fairness – manifest unreasonableness – whether imposition of certain licence conditions ultra vires – error established Legislation Cited: Harness Racing Act 2009 (NSW) ss 9, 10, 11, 18, 22 Racing Appeals Tribunal Act 1983 (NSW), s15 B Racing Appeals Tribunal Regulation 2015 (NSW), reg 9 Supreme Court Act 1970 (NSW) s 69 Surveillance Devices Act 2007 (NSW), s 8 Cases Cited: Calvin v Carr (1980) AC 574; (1979) 1 NSWLR 1 Day v Harness Racing New South Wales [2014] 88 NSWLR 594 Greyhound Racing New South Wales v Cessnock & District Agricultural Association [2006] NSWCA 333 Minister for Immigration and Border Protection v Eden (2016) 240 FCR 158 Minister for Immigration and Citizenship v Li and Anor (2013) 249 CLR 249 Minister for Immigration and Border Protection v Singh (2014) 231 FCR 437 Minister for Immigration and Border Protection v Wzarh (2015) 256 CLR 326 Category: Principal judgment Parties: Shaun Simiana (Plaintiff) Harness Racing New South Wales (Defendant) Representation: Counsel: D Robertson/W Wu (Plaintiff) ATS Dawson SC/D Tucker (Defendant)