Non Raceday Inquiry RIU v G Dixon – Decision as to Costs dated 17 April 2019 – Chair, Prof G Hall

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decisiondate: 17/04/2019

hearing_title: Non Raceday Inquiry RIU v G Dixon - Decision as to Costs dated 17 April 2019 - Chair, Prof G Hall

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Decision:

BEFORE A JUDICIAL COMMITTEE OF

THE JCA IN HAMILTON

UNDER THE RACING ACT 2003

AND IN THE MATTER of the New Zealand Rules of Harness Racing

BETWEEN-RACING INTEGRITY UNIT (RIU)

Informant

AND-MR GARETH DIXON

Open Horseman/ Licensed Public Trainer

Respondent

Information: ---A8709

Judicial Committee: ---Prof G Hall, Chairman

Mr D Jackson, Member

Appearing: -On the papers

DECISION OF JUDICIAL COMMITTEE AS TO COSTS

[1]-By written decision delivered on 22 March 2019 the Committee dismissed the charges against Mr Dixon. We called for the parties to file submissions as to costs.

[2]-Mr Branch for the respondent has filed a memorandum dated 10 April 2019. He seeks an order for costs in Mr Dixon’s favour in the sum of $5,000. In settling on this figure, he compares the proceeding to that involving Mr Simon Lawson, where the RIU sought an award of that amount.

[3]-Mr Symon for the RIU has responded that Mr Branch advised that the time recorded in relation to Mr Dixon’s defence amounted to $6,946 including GST. The informant submitted that the standard approach to costs, being that approximately 60 per cent of the total costs, should be applied. Accordingly, the informant acknowledged it was appropriate that it be ordered to pay approximately $4,170 (including GST).

[4]-This Committee is empowered to determine the issue of costs pursuant to the 5th Schedule to the Rules of Harness Racing, which came into effect on 27 August 2015.

[5]-Clause 29 of the 5th Schedule provides that the Committee may order any person “as it thinks fit” to pay all or any of the reasonable costs and expenses of any party, HRNZ, the RIU, the Judicial Control Authority and the Judicial Committee.

[6]-The Committee’s discretion is thus broad. The respondent has succeeded in defending the charges. He is entitled to costs.

[7]-We accept the informant’s submission that the award is usually about 60 per cent of the total costs. We order costs in favour of Mr Dixon in the sum of $4,000.

[8]-There is also an order that informant pay costs of the JCA in the sum of $1,000.

Dated at Dunedin this 17th day of April 2019.

Geoff Hall, Chairman

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