Racing New South Wales v Fletcher [2020] NSWCA 9

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Racing New South Wales v Fletcher [2020] NSWCA 9 Hearing dates: 30 October 2019 Decision date: 14 February 2020 Before: Bell P at [1] Meagher JA at [2] Payne JA at [33] Decision: (1) Grant leave to appeal from orders 3 and 4 made on 9 April 2019.

(2) Appeal allowed.

(3) Set aside orders 3 and 4 made on 9 April 2019.

(4) The respondent pay the appellant's costs of the appeal.

(5) Direct the parties to attempt to agree on any costs order to be made in relation to the proceedings at first instance. If they are unable to reach agreement, they should exchange written submissions, in each case not exceeding 4 pages, those submissions to be lodged with the Associate to Meagher JA by 5pm on 28 February 2020. That question should then be determined on the papers. Catchwords: ASSOCIATIONS AND CLUBS – particular bodies – racing clubs – power of Stewards to use information – where information obtained in exercise of a power under rules of racing – where exercise of power expressed to be for a specific stated purpose – whether use of information limited to that purpose Legislation Cited: Thoroughbred Racing Act 1996 (NSW), ss 3, 4, 13, 14 Supreme Court Act 1970 (NSW), s 101 Totalizator Act 1997 (NSW), ss 53, 57 Cases Cited: Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd (2001) 208 CLR 199; [2001] HCA 63 Australian Securities and Investment Commission v Rich [2005] NSWSC 62; (2005) 220 ALR 324 Clyne v NSW Bar Association (1960) 104 CLR 186 at 205; [1960] HCA 40 Commissioner of Taxation v Racing Queensland Board [2019] FCAFC 224 Flori v Commissioner of Police [2015] 2 Qd R 497; [2014] QSC 284 Golden v V'landys (2016) 339 ALR 610; [2016] NSWCA 300 Johns v Australian Securities Commission (1993) 178 CLR 408; [1993] HCA 56 Marcel v Commissioner of Police of the Metropolis [1992] Ch 225 Morris v Director of the Serious Fraud Office [1993] Ch 372 Category: Principal judgment Parties: Racing New South Wales (Appellant) Stephen Fletcher (Respondent) Representation: Counsel: B Walker SC and G Ng (Appellant) A Cheshire SC and S Jeliba (Respondent)