Costello v Racing Appeals Tribunal [2019] NSWSC 1808

Supreme Court New South Wales

Medium Neutral Citation: Costello v Racing Appeals Tribunal [2019] NSWSC 1808 Hearing dates: 13 December 2019 Decision date: 16 December 2019 Jurisdiction: Common Law Before: Adamson J Decision: (1) Dismiss the amended summons filed on 18 September 2019.

(2) Order the plaintiff to pay the second defendant's costs of the proceedings. Catchwords: ADMINISTRATIVE LAW – plaintiff subject to investigation by stewards of Racing NSW because the horses of one of his clients were found to contain cobalt – alleged unreasonableness in finding lack of co-operation by plaintiff who gave no evidence of what inquiries he had made following his undertaking to the stewards to make inquiries as to the identity of his supplier

ADMINISTRATIVE LAW – whether denial of procedural fairness for Racing Appeals Tribunal to take into account that the plaintiff did not give or adduce evidence of what inquiries he had made to ascertain details of his supplier Legislation Cited: Betting and Racing Act 1998 (NSW), s 13 Racing Appeals Tribunal Act 1983 (NSW), ss 15, 16, 16A, 17, 18 Supreme Court Act 1970 (NSW), s 69 Thoroughbred Racing Act 1996 (NSW), ss 4, 13, 14 Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: Azzopardi v The Queen (2001) 205 CLR 50; [2001] HCA 25 Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Council of the New South Wales Bar Association v Power (2008) 71 NSWLR 451; [2008] NSWCA 135 Jones v Dunkel (1959) 101 CLR 298; [1959] HCA 8 Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24; [1986] HCA 40 Prothonotary of the Supreme Court of New South Wales v Nikolaidis [2010] NSWCA 73 Wishart v Fraser (1941) 64 CLR 470; [1941] HCA 8. Texts Cited: Rules of Racing of Racing NSW Category: Principal judgment Parties: Neil Costello (Plaintiff) Racing Appeals Tribunal (First Defendant) Racing New South Wales (Second Defendant) Representation: Counsel: C Street (Plaintiff) S Dawson SC/ D Forrester (Second Defendant)