Application by Racing NSW; Serene Lodge Racing Pty Ltd (In Liq) v Tinkler [2019] NSWSC 1728

Supreme Court New South Wales

Medium Neutral Citation: Application by Racing NSW; Serene Lodge Racing Pty Ltd (In Liq) v Tinkler [2019] NSWSC 1728 Hearing dates: 14, 28 August; and 3 October 2019 Decision date: 06 December 2019 Jurisdiction: Equity Before: Lindsay J Decision: Determination of competing entitlements to payment out of fund in court Catchwords: PERSONAL PROPERTY – Title – Particular kinds of personalty – Prize money won by race horse – Ownership of horse – Entitlement to prize money

FUNDS IN COURT – Payment out – Competing claims – Identification and determination Legislation Cited: Trustee Act 1925 NSW Uniform Civil Procedure Rules 2005 NSW Cases Cited: Dennis v Dennis (1971) 124 CLR 317 Fletcher v Racing NSW [2019] NSWSC 358 Glenwood Lumber Company Ltd v Phillips [1904] AC 405 Golden v V'Landys [2016] NSWCA 300 NSW Thoroughbred Racing Board v Waterhouse (2003) 56 NSWLR 691 Texts Cited: CL Pannam, The Horse and the Law (Law Book Co, 3rd ed, 2004), paragraph [6.25] F Pollock, Possession in the Common Law (Oxford, 1888), page 37 Palmer on Bailment (Thomson Reuters, 3rd ed, 2009), paragraph [31-001] JW Carter, P Lane, GJ Tolhurst and EM Peden (eds), Helmore's Commercial Law and Personal Property in NSW (Law Book Co, 10th ed, 1992, page 15) Category: Principal judgment Parties: First Applicant: Serene Lodge Racing Pty Ltd (In Liq) ACN 126 856 282 Second Applicant: Leslie Norman Tinkler Representation: Counsel: First Applicant: A Bailey Second Applicant: MJ Davis