Lewin v Racing NSW ABN 86281604417 [2018] NSWSC 269

Lewin v Racing NSW ABN 86281604417 [2018] NSWSC 269

On the proper construction of the Racing Appeals Tribunal Act 1983, the Thoroughbred Racing Act 1996, the regulations and the racing rules, Racing NSW's decision not to renew the licence of a person who was and had been licensed as a bookmaker, on the basis that he was not fit and proper, was a decision to disqualify him from holding and renewing the licence. It therefore fell within reg 5(2)(a), and the plaintiff had a right of appeal under s 15(1)(d) of the Racing Appeals Tribunal Act 1983.

Jurisdiction
Australia
Judgment Date
06 March 2018
Procedural Posture
Amended Summons Seeking Declarations Concerning a Right of Appeal From Racing Nsw's Decision Not to Reissue or Renew a Bookmaker's Licence / Final Determination of Summons
Outcome
Declaration made for the plaintiff; first and third defendants ordered to pay the plaintiff's costs, subject to liberty to apply for a different or special costs order.
Legal Topics
['construction of Racing Appeals Tribunal Act 1983 and Regulations' 'right of Appeal to Racing Appeals Tribunal' 'validity and Operation of Regulation Limiting Appeals' "refusal to Renew Bookmaker's Licence" 'disqualification']
['administrative Law' 'statutory Interpretation' 'racing and Gaming Regulation' 'licensing'] ['construction of Racing Appeals Tribunal Act 1983 and Regulations' 'right of Appeal to Racing Appeals Tribunal' 'validity and Operation of Regulation Limiting Appeals' "refusal to Renew Bookmaker's Licence" 'disqualification']

Case Brief

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Procedural Posture

Amended Summons Seeking Declarations Concerning a Right of Appeal From Racing Nsw's Decision Not to Reissue or Renew a Bookmaker's Licence / Final Determination of Summons

Legal Issues

  1. 1 ["Whether the plaintiff had a right of appeal under s 15(1)(d) of the Racing Appeals Tribunal Act 1983 from Racing NSW's decision not to renew his bookmaker's licence." 'Whether the phrase "in accordance with the regulations" in s 15(1) allowed regulations to disallow appeals from a refusal to renew a bookmaker\'s licence.' 'Whether reg 5 of the Racing Appeals Tribunal Regulation validly excluded such an appeal as a prescribed class of matter under s 18 of the Racing Appeals Tribunal Act 1983.' "Whether Racing NSW's refusal to renew the plaintiff's existing bookmaker's licence, based on fitness and propriety, was properly characterised as a disqualification."]

Ratio Decidendi

On the proper construction of the Racing Appeals Tribunal Act 1983, the Thoroughbred Racing Act 1996, the regulations and the racing rules, Racing NSW's decision not to renew the licence of a person who was and had been licensed as a bookmaker, on the basis that he was not fit and proper, was a decision to disqualify him from holding and renewing the licence. It therefore fell within reg 5(2)(a), and the plaintiff had a right of appeal under s 15(1)(d) of the Racing Appeals Tribunal Act 1983.

Court Disposition

Declaration made for the plaintiff; first and third defendants ordered to pay the plaintiff's costs, subject to liberty to apply for a different or special costs order.

Orders

  • ['Declaration that, on the proper construction of the Racing Appeals Tribunal Act 1983 and the Racing Appeals Tribunal Regulations 2015, the plaintiff has a right to appeal under s 15(1)(d) of the Racing Appeals Tribunal Act 1983.' "The first and third defendants shall pay the plaintiff's costs of and incidental to...