9 Apr 2014
JOHN PATRICK GREEN, BRIAN HUGHES, BARRY RATTRAY, WAYNE MCLAUGHLIN AND THE ESTATE OF MRS W MCLAUGHLIN V RACING INTEGRITY UNIT LIMITED CA319/2013 [2014] NZCA 133
- Citation
- [2014] NZAR 623
- Court
- Court of Appeal
There was no unambiguous, settled practice or promise by HRNZ/RIU to consult industry about approving laboratories or new testing regimes; there was no reasonable causal reliance by the connections on any alleged undertaking; even if an undertaking existed the court would not grant substantive relief that would allow a horse to retain a placing won while racing with a prohibited substance; the RIU did exercise prosecutorial discretion and did not fetter it, so the judicial review grounds failed and the appeal was dismissed.