Day v Harness Racing New South Wales [2014] NSWSC 1024

Day v Harness Racing New South Wales [2014] NSWSC 1024

The Court granted leave to amend because the amendments raised important issues about the harness racing drug testing regime and were connected to matters already raised obliquely in the points of claim and expert evidence, but required the amended points of claim to incorporate the particulars provided. The Court refused to strike out or compel admissions in the points of defence because the defendants were entitled to put the plaintiffs to proof. Given the amended case, disputed and unrealistic hearing estimates, and practical listing considerations, the existing hearing dates were vacated and new case management directions were made, with the plaintiffs to pay the costs of the notice...

Jurisdiction
Australia
Judgment Date
25 July 2014
Procedural Posture
Civil Law Judicial Review Proceedings Concerning Harness Racing Rules and Licence Suspensions / Notice of Motion for Leave to Amend Points of Claim, Strike Out or Compel Responses in Points of Defence, and Related Case Management Orders
Outcome
Leave to amend was granted subject to particulars; the balance of the notice of motion was dismissed; the August hearing dates were vacated; new evidence, submissions and hearing directions were made; the plaintiffs were ordered to pay the costs of the notice of motion.
Legal Topics
['leave to Amend Points of Claim' 'points of Defence' 'admissions and Non Admissions' 'case Management' 'harness Racing Rules' 'drug Testing Regime' 'costs']
['civil Procedure' 'judicial Review' 'sports Regulation'] ['leave to Amend Points of Claim' 'points of Defence' 'admissions and Non Admissions' 'case Management' 'harness Racing Rules' 'drug Testing Regime' 'costs']

Case Brief

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Procedural Posture

Civil Law Judicial Review Proceedings Concerning Harness Racing Rules and Licence Suspensions / Notice of Motion for Leave to Amend Points of Claim, Strike Out or Compel Responses in Points of Defence, and Related Case Management Orders

Legal Issues

  1. 1 ['Whether the plaintiffs should have leave to file amended points of claim adding allegations concerning the urine testing regime and particulars to grounds 93A, 93B and 100A.' "Whether parts of the defendants' points of defence should be struck out or the defendants compelled to admit or deny specified paragraphs of the points of claim." 'Whether the existing hearing dates should be vacated and new evidence, submissions and hearing directions made as a result of the amendments and hearing estimate.']

Ratio Decidendi

The Court granted leave to amend because the amendments raised important issues about the harness racing drug testing regime and were connected to matters already raised obliquely in the points of claim and expert evidence, but required the amended points of claim to incorporate the particulars provided. The Court refused to strike out or compel admissions in the points of defence because the defendants were entitled to put the plaintiffs to proof. Given the amended case, disputed and unrealistic hearing estimates, and practical listing considerations, the existing hearing dates were vacated and new case management directions were made, with the plaintiffs to pay the costs of the notice...

Court Disposition

Leave to amend was granted subject to particulars; the balance of the notice of motion was dismissed; the August hearing dates were vacated; new evidence, submissions and hearing directions were made; the plaintiffs were ordered to pay the costs of the notice of motion.

Orders

  • ['The plaintiff has leave to amend its points of claim in accordance with the document annexed to the affidavit of its solicitor.' 'The amended points of claim are to be limited to the particulars filed in court today and further articulated and agreed upon in argument.' 'The plaintiff is to file amended points of...