Webber v Racing New South Wales [2019] NSWSC 46

Supreme Court New South Wales

Medium Neutral Citation: Webber v Racing New South Wales [2019] NSWSC 46 Hearing dates: 16, 17, 18 April 2018 Decision date: 06 February 2019 Jurisdiction: Common Law Before: McCallum J Decision: Declaration made that the decision of the defendants given 1 September 2016 refusing to renew the plaintiff's trainer's licence for the period expiring 30 June 2017 was invalid. Catchwords: ADMINISTRATIVE LAW – judicial review – grounds of review – decision by Racing NSW refusing to renew a trainer's licence to an experienced thoroughbred trainer – review of licence renewal application prompted by concerns stemming from workers compensation proceedings against the same entity as authorised workers compensation insurer – failure to disclose internal material adverse to plaintiff including material concerning workers compensation claims – late concession by decision-maker that the decision entailed denial of procedural fairness – whether necessary or appropriate to determine remaining grounds of review – where decision no longer operative at time of hearing – utility of relief sought – discretion to grant declaratory relief – impact of decision on plaintiff's reputation and future applications for a trainer's licence Legislation Cited: Racing Appeals Tribunal Act 1983 (NSW), s 5 Thoroughbred Racing Act 1996 (NSW), ss 4, 14(2)(b), 14AA, 24(1), 45 Uniform Civil Procedure Rules 2005 (NSW), rr 59.7, 59.9, 17.7 Cases Cited: Ainsworth v Criminal Justice Commission (1992) 175 CLR 564; [1992] HCA 10 FAI Insurances Ltd v Winneke (1982) 151 CLR 342; [1982] HCA 26 Perder Investments Pty Ltd v Elmer (1991) 31 FCR 201 Racing NSW v Lewin [2018] NSWCA 93 Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82; [2000] HCA 57 Webber v Racing New South Wales [2017] NSWSC 687 Category: Principal judgment Parties: Pam Anne Marie Webber (plaintiff) Racing NSW (first defendant) Peter N V'landys (second defendant) Representation: Counsel: V Heath (plaintiff) P Braham SC, J McLeod (defendants)