Racing NSW v Lewin [2018] NSWCA 93

Racing NSW v Lewin [2018] NSWCA 93

Mr Lewin had no right of appeal to the Racing Appeals Tribunal because Racing Appeals Tribunal Regulation 2015 (NSW), cl 5 validly limited appeals under s 15(1)(d) of the Racing Appeals Tribunal Act 1983 (NSW) to specified classes of decisions, and Racing NSW's refusal to grant him a new bookmaker licence for the year ending 30 June 2018 was not a revocation of an extant licence within cl 5(2)(c).

Jurisdiction
Australia
Judgment Date
03 May 2018
Procedural Posture
Application for Leave to Appeal and Appeal From a Declaration in the Supreme Court of Nsw, Common Law Division / Court of Appeal; Leave to Appeal Granted and Appeal Allowed
Outcome
Leave to appeal granted; appeal allowed; Common Law Division orders set aside; declaration made that Mr Lewin has no right of appeal to the Racing Appeals Tribunal; costs ordered against Mr Lewin in favour of Racing NSW; Suitors' Fund Act certificate granted to Mr Lewin for appeal costs.
Legal Topics
['validity of Delegated Legislation' 'construction of Racing Appeals Tribunal Regulation 2015 (nsw), Cl 5' 'right of Appeal to Racing Appeals Tribunal' 'refusal to Renew Bookmaker Licence' 'joinder of State Where Validity of Regulations Challenged']
['administrative Law' 'civil Procedure' 'jurisdiction' 'racing Law'] ['validity of Delegated Legislation' 'construction of Racing Appeals Tribunal Regulation 2015 (nsw), Cl 5' 'right of Appeal to Racing Appeals Tribunal' 'refusal to Renew Bookmaker Licence' 'joinder of State Where Validity of Regulations Challenged']

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Procedural Posture

Application for Leave to Appeal and Appeal From a Declaration in the Supreme Court of Nsw, Common Law Division / Court of Appeal; Leave to Appeal Granted and Appeal Allowed

Legal Issues

  1. 1 ["Whether Racing NSW's refusal to grant Mr Lewin a bookmaker licence for the year ending 30 June 2018 was a decision to revoke a licence within Racing Appeals Tribunal Regulation 2015 (NSW), cl 5(2)(c)." 'Whether cl 5 of the Racing Appeals Tribunal Regulation 2015 (NSW) was invalid insofar as it precluded an appeal from the refusal to grant or renew a bookmaker licence.' 'Whether the State of New South Wales or other relevant polity must be joined whenever the validity of a regulation is challenged.']

Ratio Decidendi

Mr Lewin had no right of appeal to the Racing Appeals Tribunal because Racing Appeals Tribunal Regulation 2015 (NSW), cl 5 validly limited appeals under s 15(1)(d) of the Racing Appeals Tribunal Act 1983 (NSW) to specified classes of decisions, and Racing NSW's refusal to grant him a new bookmaker licence for the year ending 30 June 2018 was not a revocation of an extant licence within cl 5(2)(c).

Court Disposition

Leave to appeal granted; appeal allowed; Common Law Division orders set aside; declaration made that Mr Lewin has no right of appeal to the Racing Appeals Tribunal; costs ordered against Mr Lewin in favour of Racing NSW; Suitors' Fund Act certificate granted to Mr Lewin for appeal costs.

Orders

  • ['Grant the applicant leave to appeal.' 'Allow the appeal and set aside order (1) made in the Common Law Division on 6 March 2018 and orders (2)-(4) made on 19 April 2018.' 'In lieu therefore declare that Mr Lewin has no right of appeal to the Racing Appeals Tribunal from the decision of Racing NSW to refuse to...