Kavanagh v Racing New South Wales [2019] NSWSC 40

Supreme Court New South Wales

Medium Neutral Citation: Kavanagh v Racing New South Wales [2019] NSWSC 40 Hearing dates: 7 February 2019 Date of orders: 15 February 2019 Decision date: 15 February 2019 Jurisdiction: Common Law Before: Fagan J Decision: Quash the decision of the Racing Appeals Tribunal finding the plaintiff liable for breach of AR 175(h)(i) of the Australian Rules of Racing. Quash the penalties imposed by the Tribunal for breaches of 1, 5, 13, 14 and 15 and remit to the Tribunal for determination according to law. Catchwords: ADMINISTRATIVE LAW – administrative tribunal – Racing Appeals Tribunal – judicial review –construction of Australian Racing Rule 175 (h)(i) – whether decision unreasonable – whether evident or intelligible justification existed – effect of special circumstances under AR 108(d) on mandatory minimum disqualification – whether reduction manifestly inadequate – whether any delegation of power to stewards – functions of Racing NSW under Thoroughbred Racing Act – functions conferred by Australian Racing Rules – appointment and empowerment of stewards to discharge functions under Australian Racing Rules

PROFESSIONS AND TRADES – licensing and regulation of horse trainer

WORDS AND PHRASES – "for the purpose of affecting the performance of a horse" – Australian Racing Rules, AR 175 (h)(i) – whether knowledge of prohibited substance required for plaintiff to have purpose Legislation Cited: Racing Appeals Tribunal Act 1983 (NSW) Supreme Court Act 1970 (NSW) Thoroughbred Racing Act 1996 (NSW) Cases Cited: House v The King (1936) 55 CLR 499; [1936] HCA 40 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 Racing Victoria Ltd v Kavanagh [2017] VSCA 334 Category: Principal judgment Parties: Sam Kavanagh (plaintiff) Racing New South Wales (first defendant) Racing Appeals Tribunal (second defendant) Representation: Counsel: M A Karam with D E Thomas (plaintiff) P S Braham SC with J McLeod (defendants)