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

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

On the balance of probabilities, title and possession of the horse 'More Energy' passed to the Second Applicant from Patinack Farm Pty Ltd and were maintained by him throughout the relevant period; thus, he is entitled to the prize money in court, subject to a deduction for the First Applicant's costs.

Jurisdiction
Australia
Judgment Date
06 December 2019
Procedural Posture
Competing Claims to Funds in Court (interpleader) / Final Judgment on Payment Out of Fund in Court
Outcome
Fund to be paid out to the Second Applicant, subject to deduction of the First Applicant's (indemnity) costs from the fund.
Legal Topics
['entitlement to Prize Money' 'ownership of Racehorse' 'payment Out of Funds in Court']
['equity' 'personal Property'] ['entitlement to Prize Money' 'ownership of Racehorse' 'payment Out of Funds in Court']

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Procedural Posture

Competing Claims to Funds in Court (interpleader) / Final Judgment on Payment Out of Fund in Court

Legal Issues

  1. 1 ["Who is the owner of the racehorse 'More Energy'?" 'Who is entitled to the prize money deposited in court?']

Ratio Decidendi

On the balance of probabilities, title and possession of the horse 'More Energy' passed to the Second Applicant from Patinack Farm Pty Ltd and were maintained by him throughout the relevant period; thus, he is entitled to the prize money in court, subject to a deduction for the First Applicant's costs.

Court Disposition

Fund to be paid out to the Second Applicant, subject to deduction of the First Applicant's (indemnity) costs from the fund.

Orders

  • ["The fund in court is to be paid out to the Second Applicant (Leslie Norman Tinkler) after deduction of the First Applicant's costs, to be assessed on the indemnity basis." 'If the parties do not agree on the quantum of costs, the First Applicant may apply for a lump sum costs order.']