Matthews v Racing New South Wales [2022] NSWSC 182

Matthews v Racing New South Wales [2022] NSWSC 182

The summons was dismissed because none of the pressed grounds established jurisdictional error or error of law on the face of the record. The relevant Australian Rules of Racing did not require proof that the plaintiff knew Vitamin Complex contained cobalt or a prohibited substance for the charges as framed; in any event, the Tribunal found such knowledge, and that finding was supported by logically probative evidence. The plaintiff's supply of Vitamin Complex to Dr Brennan, its on-supply to Mr Kavanagh, and the administration to Midsummer Sun provided a sufficient factual and causal basis for liability under the Rules, and Dr Brennan's conduct did not break the chain of causation.

Jurisdiction
Australia
Judgment Date
02 March 2022
Procedural Posture
Judicial Review of Racing Appeals Tribunal Decision / Summons for Judicial Review in the Supreme Court of New South Wales
Outcome
Time extended; summons dismissed; plaintiff ordered to pay the first defendant's costs.
Legal Topics
['judicial Review' 'jurisdictional Error' 'error of Law on the Face of the Record' 'australian Rules of Racing' 'prohibited Substances' 'cobalt' 'accessorial Liability' 'strict Liability' 'no Evidence Ground' 'causation']
['administrative Law' 'horse Racing'] ['judicial Review' 'jurisdictional Error' 'error of Law on the Face of the Record' 'australian Rules of Racing' 'prohibited Substances' 'cobalt' 'accessorial Liability' 'strict Liability' 'no Evidence Ground' 'causation']

Case Brief

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Procedural Posture

Judicial Review of Racing Appeals Tribunal Decision / Summons for Judicial Review in the Supreme Court of New South Wales

Legal Issues

  1. 1 ['Whether time should be extended for filing the summons for judicial review.' 'Whether the Racing Appeals Tribunal erred in construing AR175(l), AR177B(6), AR175(k) or AR175(a) as not requiring proof that the plaintiff knew Vitamin Complex contained cobalt or a prohibited substance.' "Whether the Tribunal's findings about the plaintiff's knowledge of supply, on-supply and administration of Vitamin Complex were open on the evidence." 'Whether AR175(l) permits liability for being party to breaches by another person whose own liability is secondary or indirect.' "Whether the plaintiff's conduct or negligence 'led to' breaches of the Rules by Dr Brennan and Mr Kavanagh under AR175(k)." "Whether the Tribunal's finding that the plaintiff knew Vitamin Complex contained excessive amounts of cobalt was unreasonable or unsupported by evidence."]

Ratio Decidendi

The summons was dismissed because none of the pressed grounds established jurisdictional error or error of law on the face of the record. The relevant Australian Rules of Racing did not require proof that the plaintiff knew Vitamin Complex contained cobalt or a prohibited substance for the charges as framed; in any event, the Tribunal found such knowledge, and that finding was supported by logically probative evidence. The plaintiff's supply of Vitamin Complex to Dr Brennan, its on-supply to Mr Kavanagh, and the administration to Midsummer Sun provided a sufficient factual and causal basis for liability under the Rules, and Dr Brennan's conduct did not break the chain of causation.

Court Disposition

Time extended; summons dismissed; plaintiff ordered to pay the first defendant's costs.

Orders

  • ['Extend time for the commencement of these proceedings until 7 July 2021.' 'Dismiss the summons for judicial review filed 7 July 2021.' "Order that the plaintiff pay the first defendant's costs of the proceedings."]