Fletcher v Racing NSW [2019] NSWSC 358

Supreme Court New South Wales

Medium Neutral Citation: Fletcher v Racing NSW [2019] NSWSC 358 Hearing dates: 27 and 28 March 2019 Date of orders: 09 April 2019 Decision date: 09 April 2019 Jurisdiction: Common Law Before: Lindsay J Decision: Orders made allowing for the determination of disputes about claims of privilege and rights of inspection arising from production of a mobile phone to the defendant's racing stewards by the plaintiff as a third party to a stewards' inquiry into the betting activities of persons not parties to these proceedings Catchwords: ASSOCIATIONS AND CLUBS – racing clubs and associations – rules and by-laws - Stewards' inquiry – Investigation in aid of inquiry – Direction to a third party to produce mobile phone for forensic examination – Limits on power – Procedures for working out competing rights and obligations GAMING AND WAGERING – racing, racecourses and totalisators – stewards and committees of race clubs - Stewards' inquiry – Investigation in aid of inquiry – Direction to a third party to produce mobile phone for forensic examination – Limits on power - Procedures for working out competing rights and obligations Legislation Cited: Court Suppression and Non Publication of Orders Act 2010 NSW Thoroughbred Racing Act 1996 NSW Totalizer Act 1997 NSW Cases Cited: AWB Ltd v Australian Securities and Investment Commission [2008] FCA 1877 Commissioner of the Police Service v Nirta [2002] 1 Qd R 364; [2001] Qsc 119. Fairfax Digital Media and New Zealand Pty Limited v Ibrahim [2012] 125 Fairfax Digital Media and New Zealand Pty Limited v Ibrahim [2012] NSWCA 125 at [46]. Forbes v NSW Trotting Club Ltd (1979) 143 CLR 242 Golden v V'landys [2016] NSWCA 300 JMA Accounting Pty Ltd v Commissioner of Taxation (2004) 139 FLR 537 Mann v Carnell (1999) 201 CLR 1 McLean v Burns Philp Trustee Co. Pty Ltd (1985) 2 NSWLR 623 Nationwide News Pty Limited v Qaumi (2016) 93 NSWLR 384 Norwich Pharmacal Co v Customs and Excise Commissioners [1974] AC 133 NSW Thoroughbred Racing Board v Waterhouse (2003) 56 NSWLR 691 Palmer v Ayres (2017) 259 CLR 478 Spedley Securities Ltd (In Liq) v Bank of New Zealand (1991) 26 NSWLR 711 Walton v Gardiner (1993) 177 CLR 378 Texts Cited: DC Pearce and RS Geddes, Statutory Interpretation in Australia (8th ed, 2014) JD Heydon, Cross on Evidence (11th Australian edition, 2017) Category: Principal judgment Parties: Plaintiff: Stephen Fletcher Defendant: Racing NSW ABN 86 281 604 417 Representation: Counsel: Plaintiff: AP Cheshire SC with S Jeliba Defendant: P Braham SC with A Bhasin