Webber v Racing New South Wales [2019] NSWSC 46

Webber v Racing New South Wales [2019] NSWSC 46

The refusal by Racing NSW to renew the plaintiff's trainer's licence for the period expiring 30 June 2017 was invalid due to the denial of procedural fairness, as adverse material was not disclosed to her, and a declaration of invalidity was warranted given the ongoing adverse impact on her reputation and future licensing prospects.

Parties
Plaintiff: Pam Anne Marie Webber; First Defendant: Racing NSW; Second Defendant: Peter N V'landys
Jurisdiction
Australia
Judgment Date
06 February 2019
Procedural Posture
Judicial Review / Principal Judgment
Outcome
Declaration made that the decision refusing to renew the plaintiff's trainer's licence was invalid.
Legal Topics
Procedural Fairness, Judicial Review, Natural Justice, Licensing Decisions, Discretionary Relief
Administrative Law Procedural Fairness Judicial Review Natural Justice Licensing Decisions Discretionary Relief

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Parties

Pam Anne Marie Webber

Plaintiff

Racing NSW

First Defendant

Peter N V'landys

Second Defendant

Procedural Posture

Judicial Review / Principal Judgment

Legal Issues

  1. 1 Whether Racing NSW's refusal to renew Ms Webber's trainer's licence was invalid for denial of procedural fairness
  2. 2 Whether discretionary relief should be given despite the expiry of the licence period
  3. 3 Whether the court should address additional grounds of review beyond jurisdictional error

Ratio Decidendi

The refusal by Racing NSW to renew the plaintiff's trainer's licence for the period expiring 30 June 2017 was invalid due to the denial of procedural fairness, as adverse material was not disclosed to her, and a declaration of invalidity was warranted given the ongoing adverse impact on her reputation and future licensing prospects.

Court Disposition

Declaration made that the decision refusing to renew the plaintiff's trainer's licence was invalid.

Orders

  • Declaration that the decision of the defendants given 1 September 2016 refusing to renew the plaintiff's trainer's licence for the period expiring 30 June 2017 was invalid.
  • Parties to be heard as to costs.