Ings v Racing NSW [2022] NSWSC 593

Ings v Racing NSW [2022] NSWSC 593

On the limited material and submissions available in an urgent late hearing, the plaintiff had at least an arguable case for judicial review concerning the Tribunal's treatment of the causal link between impaired mental functioning and the offending, and the balance of convenience favoured preserving the position because the disqualification would immediately affect the plaintiff, horses accepted to race, owners and jockeys. Accordingly, there was a serious question to be tried and interim injunctions should be granted.

Jurisdiction
Australia
Judgment Date
02 May 2022
Procedural Posture
Judicial Review Proceeding Seeking Injunctive Relief / Urgent Notice of Motion Before the Common Law Duty Judge for Interim Injunction
Outcome
Interim injunctions granted until further order; costs in the cause; matter adjourned.
Legal Topics
['interim Injunction' 'judicial Review' 'disqualification of Horse Trainer' 'balance of Convenience' 'serious Question to Be Tried']
['civil Procedure' 'administrative Law' 'racing Disciplinary Proceedings'] ['interim Injunction' 'judicial Review' 'disqualification of Horse Trainer' 'balance of Convenience' 'serious Question to Be Tried']

Case Brief

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Procedural Posture

Judicial Review Proceeding Seeking Injunctive Relief / Urgent Notice of Motion Before the Common Law Duty Judge for Interim Injunction

Legal Issues

  1. 1 ['Whether the plaintiff had an arguable case for judicial review of the Racing Appeals Tribunal decision concerning penalty and special circumstances.' 'Whether the balance of convenience favoured interim injunctive relief restraining Racing New South Wales from acting on the disciplinary decisions.' 'Whether there was a serious question to be tried for the purposes of interim relief.']

Ratio Decidendi

On the limited material and submissions available in an urgent late hearing, the plaintiff had at least an arguable case for judicial review concerning the Tribunal's treatment of the causal link between impaired mental functioning and the offending, and the balance of convenience favoured preserving the position because the disqualification would immediately affect the plaintiff, horses accepted to race, owners and jockeys. Accordingly, there was a serious question to be tried and interim injunctions should be granted.

Court Disposition

Interim injunctions granted until further order; costs in the cause; matter adjourned.

Orders

  • ['Until further order, there be an injunction under s 66(4) of the Supreme Court Act 1970 (NSW), restraining Racing New South Wales from acting on or otherwise carrying into effect the decision of the Racing Appeals Tribunal of 2 May 2022.' 'Until further order, there be an injunction under s 66(4) of the Supreme...