Pedrana v NSW Racing [2013] NSWSC 2000

Pedrana v NSW Racing [2013] NSWSC 2000

Although the plaintiffs did not appear to have a strong case for invalidity, their challenge was arguable and the Rule would require them, for economic reasons, to submit to a licensing regime involving significant restrictions on liberties and private rights. That imposition, if ultimately invalid, would be a sufficient inconvenience to justify preserving the status quo by interlocutory injunction until the expedited final hearing.

Jurisdiction
Australia
Judgment Date
19 December 2013
Procedural Posture
Interlocutory Application for Urgent Interlocutory Relief Restraining Implementation of a Licensing System for Veterinary Practitioners Attending Thoroughbred Racehorses / Interlocutory Orders Issued; Reasons Reserved and Then Delivered
Outcome
Interlocutory relief granted; proceedings expedited; costs in the cause.
Legal Topics
['interlocutory Injunction' 'alleged Invalidity of Racing Rule' 'inconsistency Between Statutes or Subordinate Legislation' 'licensing of Veterinary Practitioners' 'freedom of Trade at Common Law']
['administrative Law' 'statutory Construction'] ['interlocutory Injunction' 'alleged Invalidity of Racing Rule' 'inconsistency Between Statutes or Subordinate Legislation' 'licensing of Veterinary Practitioners' 'freedom of Trade at Common Law']

Case Brief

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Procedural Posture

Interlocutory Application for Urgent Interlocutory Relief Restraining Implementation of a Licensing System for Veterinary Practitioners Attending Thoroughbred Racehorses / Interlocutory Orders Issued; Reasons Reserved and Then Delivered

Legal Issues

  1. 1 ['Whether Local Rule 82C was beyond power because veterinary scientists were not persons associated with racing within section 14(2)(b) of the Thoroughbred Racing Act 1996.' 'Whether Local Rule 82C and associated investigation and penalty provisions were directly inconsistent with the Veterinary Practice Act 2003.' 'Whether there was indirect inconsistency on the basis that the Veterinary Practice Act 2003 covered the field for entitlement to work as veterinary practitioners and their discipline.' 'Whether Local Rule 82C was inconsistent with freedom of trade at common law and invalid as a consequence.' 'Whether interlocutory injunctive relief should be granted pending final hearing.']

Ratio Decidendi

Although the plaintiffs did not appear to have a strong case for invalidity, their challenge was arguable and the Rule would require them, for economic reasons, to submit to a licensing regime involving significant restrictions on liberties and private rights. That imposition, if ultimately invalid, would be a sufficient inconvenience to justify preserving the status quo by interlocutory injunction until the expedited final hearing.

Court Disposition

Interlocutory relief granted; proceedings expedited; costs in the cause.

Orders

  • ['The defendant, its servants or agents, be restrained from preventing or restricting, directly or indirectly, any one or more of the plaintiffs herein from attending or treating a thoroughbred racehorse in training or racing for a reason that includes the operation of, or their failure to be licensed under, Local...