Day v Sanders; Day v Harness Racing New South Wales [2015] NSWCA 324

Day v Sanders; Day v Harness Racing New South Wales [2015] NSWCA 324

Rule 190 of the Australian Harness Racing Rules creates an offence of absolute liability for trainers presenting a horse not free of prohibited substances; no defence of honest and reasonable mistake of fact is available, and the rule is valid under the Harness Racing Act 2009 (NSW). The applicants’ claims were not barred by res judicata or issue estoppel, but apprehended bias was not established and, in any case, statutory appeal gave a sufficient remedy, making judicial review inappropriate.

Parties
First Applicant/appellant: Neil Anthony Day; Second Applicant/appellant: Dean Albert McDowell; First Respondent: Reid Sanders; Second Respondent/respondent: Harness Racing New South Wales
Jurisdiction
Australia
Judgment Date
16 October 2015
Procedural Posture
Appeal and Related Applications for Judicial Review and Injunctive Relief / Judgment on Appeal and Related Applications After Leave to Appeal Granted
Outcome
Appeal and all applications dismissed except for grant of leave; leave to appeal granted but appeal dismissed; costs awarded to respondents.
Legal Topics
Apprehended Bias, Judicial Review of Stewards' Decisions, Strict and Absolute Liability in Disciplinary Proceedings, Res Judicata and Issue Estoppel, Interpretation of Disciplinary Rules
Administrative Law Sports Law Statutory Interpretation Apprehended Bias Judicial Review of Stewards' Decisions Strict and Absolute Liability in Disciplinary Proceedings Res Judicata and Issue Estoppel Interpretation of Disciplinary Rules

Case Brief

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Parties

Neil Anthony Day

First Applicant/appellant

Dean Albert McDowell

Second Applicant/appellant

Reid Sanders

First Respondent

Harness Racing New South Wales

Second Respondent/respondent

Procedural Posture

Appeal and Related Applications for Judicial Review and Injunctive Relief / Judgment on Appeal and Related Applications After Leave to Appeal Granted

Legal Issues

  1. 1 Whether the applicants were precluded by res judicata or issue estoppel from litigating the availability of the defence under r 190
  2. 2 Whether r 190 of the Harness Racing Rules created an absolute liability offence and if so, whether ultra vires
  3. 3 Whether apprehended bias was established against Mr Sanders

Ratio Decidendi

Rule 190 of the Australian Harness Racing Rules creates an offence of absolute liability for trainers presenting a horse not free of prohibited substances; no defence of honest and reasonable mistake of fact is available, and the rule is valid under the Harness Racing Act 2009 (NSW). The applicants’ claims were not barred by res judicata or issue estoppel, but apprehended bias was not established and, in any case, statutory appeal gave a sufficient remedy, making judicial review inappropriate.

Court Disposition

Appeal and all applications dismissed except for grant of leave; leave to appeal granted but appeal dismissed; costs awarded to respondents.

Orders

  • With respect to the summons issued in the Common Law Division on 10 March 2015 and removed into this Court by order made on 11 March 2015, dismiss the summons and order that the applicants pay the respondents' costs of the summons, both here and in the Division.
  • With respect to the application seeking leave to appeal from the judgment of Adams J of 11 March 2015, dismiss the summons with costs.