Scott McLeod KC represented the first respondent, instructed by Queensland Racing Integrity Commission (Legal).
Rob Anderson KC represented the second respondent, instructed by Clayton Utz.
This case concerned a third inquiry (the Third Inquiry) by the respondents, statutory bodies responsible for making decisions about disciplinary matters related to thoroughbred racing, into the overturned disqualification of the applicant owners’ thoroughbred racehorse after it placed first at a race conducted by the respondents. In this case, the applicants sought a declaration that the Third Inquiry is void and of no effect, a permanent injunction restraining any future inquiry or action that may affect the first placing of their horse in the race, and an order for the payment of the prize money with interest. The applicants submitted that the Third Inquiry was without jurisdiction and beyond power because the respondents’ power to conduct an inquiry is unable to be exercised more than once, and because the stewards’ obligations have not been performed within a reasonable time. The first ground was unsuccessful because the decision in the first inquiry was affected by a jurisdictional error, thus permitting the respondents to conduct a fresh inquiry. The second ground was unsuccessful because the respondents’ delay in conducting the third inquiry was not unreasonable given that more than two thirds of it was due to litigation. Accordingly, the application was dismissed.
The judgment can be read by clicking here
