Ings v Racing New South Wales (No 2) [2022] NSWSC 1137

A stay and further injunction were appropriate to preserve the status quo pending any appeal so the plaintiff is not required to serve her penalty before appellate rights are exercised, provided action is taken expeditiously.

Parties: Plaintiff: Wanda Ings; First Defendant: Racing New South Wales; Second Defendant: Racing Appeals Tribunal of New South Wales
Jurisdiction: Australia
Judgment Date: 25 August 2022
Procedural Posture: Judicial Review / Post Judgment (consequential Orders)
Outcome: Interlocutory injunction and stay granted, subject to conditions
Legal Topics: Interlocutory Injunction, Stay of Orders, Judicial Review, Disciplinary Proceedings

Civil Procedure Interlocutory Injunction Stay of Orders Judicial Review Disciplinary Proceedings

Case Brief

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 1

Parties

Wanda Ings

Plaintiff

Racing New South Wales

First Defendant

Racing Appeals Tribunal of New South Wales

Second Defendant

Procedural Posture

Judicial Review / Post Judgment (consequential Orders)

Legal Issues

1 Whether further injunctive relief should be granted restraining Racing NSW from acting on the penalty imposed by the Racing Appeals Tribunal pending an appeal
2 Whether to stay the operation of the order dismissing the summons for judicial review

Ratio Decidendi

Court Disposition

Interlocutory injunction and stay granted, subject to conditions

Orders

Racing NSW restrained from carrying into effect the penalty imposed by the Racing Appeals Tribunal on 2 May 2022 until 12 noon, 26 September 2022.
Operation of the order dismissing the summons for judicial review be stayed until 12 noon, 26 September 2022.