Costello v Racing Appeals Tribunal [2019] NSWSC 1808

Costello v Racing Appeals Tribunal [2019] NSWSC 1808

The Tribunal's finding that the plaintiff failed to co-operate—by not making inquiries he said he would make regarding the identity of his supplier—was open on the evidence, and drawing inferences adverse to him for not providing evidence about those inquiries did not involve denial of procedural fairness. The legal grounds raised by the plaintiff were not established.

Parties
Plaintiff: Neil Costello; First Defendant: Racing Appeals Tribunal; Second Defendant: Racing New South Wales
Jurisdiction
Australia
Judgment Date
16 December 2019
Procedural Posture
Judicial Review / Supreme Court Determination After Tribunal Appeal
Outcome
Amended summons dismissed
Legal Topics
Procedural Fairness, Legal Unreasonableness, Disciplinary Proceedings, Racing Industry Regulation
Administrative Law Procedural Fairness Legal Unreasonableness Disciplinary Proceedings Racing Industry Regulation

Case Brief

Summary, issues, holding and outcome

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Parties

Neil Costello

Plaintiff

Racing Appeals Tribunal

First Defendant

Racing New South Wales

Second Defendant

Procedural Posture

Judicial Review / Supreme Court Determination After Tribunal Appeal

Legal Issues

  1. 1 Whether the Tribunal's decision to warn off the plaintiff was legally unreasonable
  2. 2 Whether there was a denial of procedural fairness in the drawing of adverse inferences for failure to provide evidence

Ratio Decidendi

The Tribunal's finding that the plaintiff failed to co-operate—by not making inquiries he said he would make regarding the identity of his supplier—was open on the evidence, and drawing inferences adverse to him for not providing evidence about those inquiries did not involve denial of procedural fairness. The legal grounds raised by the plaintiff were not established.

Court Disposition

Amended summons dismissed

Orders

  • Dismiss the amended summons filed on 18 September 2019.
  • Order the plaintiff to pay the second defendant's costs of the proceedings.