Trevor-Jones v Harness Racing New South Wales [2024] NSWSC 876

Trevor-Jones v Harness Racing New South Wales [2024] NSWSC 876

The Tribunal did not err in law or act with jurisdictional error in construing AHRR r 188A(3) as not exempting epitrenbolone or trendione (whether in trace amounts or otherwise) from being 'prohibited substances' for the purposes of AHRR rr 188A and 190. Laboratory certificates were not materially flawed. None of the grounds of review were made out.

Jurisdiction
Australia
Judgment Date
19 July 2024
Procedural Posture
Judicial Review / Final Judgment After Hearing
Outcome
Application dismissed; time for commencement of proceedings extended; no order as to costs at this stage; costs to be determined following written submissions.
Legal Topics
['judicial Review—error of Law—jurisdictional Error' 'statutory Interpretation of Australian Harness Racing Rules' 'interpretation of Delegated Legislation' 'evidentiary Certificates—ahrr R 191' 'prohibited Substances in Horse Racing' 'anabolic Androgenic Steroids (aas)' 'harness Racing Disciplinary Offences']
['administrative Law' 'gaming and Racing'] ['judicial Review—error of Law—jurisdictional Error' 'statutory Interpretation of Australian Harness Racing Rules' 'interpretation of Delegated Legislation' 'evidentiary Certificates—ahrr R 191' 'prohibited Substances in Horse Racing' 'anabolic Androgenic Steroids (aas)' 'harness Racing Disciplinary Offences']

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Procedural Posture

Judicial Review / Final Judgment After Hearing

Legal Issues

  1. 1 ['Whether the Racing Appeals Tribunal erred in construction of AHRR r 188A(3) regarding exemption of altrenogest and its relation to epitrenbolone and trendione' "Whether error of law or jurisdictional error was present in the Tribunal's decision" 'Whether laboratory certificates were materially flawed under AHRR r 191(7)' "The proper construction of 'altrenogest when administered to fillies and mares' under AHRR r 188A(3)" 'Whether rules 188A, 190A, and 190AA are void for uncertainty']

Ratio Decidendi

The Tribunal did not err in law or act with jurisdictional error in construing AHRR r 188A(3) as not exempting epitrenbolone or trendione (whether in trace amounts or otherwise) from being 'prohibited substances' for the purposes of AHRR rr 188A and 190. Laboratory certificates were not materially flawed. None of the grounds of review were made out.

Court Disposition

Application dismissed; time for commencement of proceedings extended; no order as to costs at this stage; costs to be determined following written submissions.

Orders

  • ['The time for commencement of the proceedings is extended to 5 June 2023.' "The plaintiffs' summons filed on 5 June 2023 is dismissed." 'Plaintiffs to file any evidence and written submissions on costs by 26 July 2024; first defendant by 2 August 2024; plaintiffs in reply by 9 August 2024; costs to be determined on...