Request for a Ruling

A Request for a Ruling was filed by the Stipendiary Stewards relating to the riding engagements of Mr Watson for the Hurdle race to be conducted at Otaki on Thursday 25^th August.

The situation, put simply, was that both Mr Wood and Mr Mudgeway laid claim to the riding services of Mr Watson for the event. Mr Wood contending that he had a confirmed agreement of some duration, while Mr Zimmerman stated that no such agreement existed but rather such ?agreement? was better classified as an expression of interest.

The hearing commenced with Mr Goodwin presenting a summary of facts (which were admitted by consent) that outlined the events that led the matter being bought before the Judicial Committee.

Mr Goodwin stated that subsequent to being advised of the dispute he has contacted the parties in an attempt to resolve the issue. And after numerous calls had believed the matter finally settled, when in a late afternoon phone call on Monday, Mr Zimmerman conceded that Mr Watson should ride DECIDING STRIDE for Mr Wood.

However Mr Zimmerman subsequently advised Mr Goodwin that the owners of DRIFTWOOD were not happy, and neither was Mr Watson, and therefore they had requested the matter be bought before a Judicial committee.

When making his submission Mr Wood contended that he engaged Mr Watson some six weeks prior to today and then reconfirmed the arrangement on August 14^th at the Foxton races.

He stated that Mr Watson had never given him any indication, other than after nominations closed, that he was wishing to ride any other runner and therefore was taken by surprise when advised that Mr Watson was wishing to ride DRIFTWOOD.

He also submitted that he was well aware of the shortage of jumps riders and as such always planned well in advance.

Mr Zimmerman, in his submissions, stated that his practice was not to confirm riders until after receiving nominations, and that although he acknowledged he and Mr Wood had spoken about the Otaki hurdle at Foxton there, in his view, was no confirmation only an expression of interest.

Mr Watson's submissions, in essence, were that he wanted to ride the horse he believed afforded him the best chance and that this was his right.

Mr Mudgeway submitted that he had decided to race in the Otaki race some 2 weeks ago and that Mr Zimmerman and Mr Watson were aware of this.

Mr Goodwin in summary stated that he believed it was reasonable for Mr Wood, after the Foxton conversation with Mr Zimmerman, to think that Mr Watson would be riding his horse at Otaki on the 25^th.

When considering this request the issue for the committee to determine is whether or not an agreement to ride DECIDING STRIDE has existed, as claimed by Mr Wood.

It must be noted that findings of this hearing are limited to only wether or not an agreement existed to ride DECIDING STRIDE and does not extend to making an order as to which horse Mr Watson should ride.

In reaching this determination the committee has heard submissions from all parties as well as being presented with the summary of facts from Mr Goodwin.

Although there is a wide divergence on the interpretation of the facts between the parties it is clear in the committees view that a contract, albeit verbal, did exist between Mr Wood and Mr Zimmerman for Mr Watson to ride DECIDING STRIDE at Otaki on 25^th August.

The committee finds that following the discussions he had with Mr Zimmerman at Foxton on the 14^th it was reasonable for Mr Wood to believe that a contract was in place regarding the August 25^th race, and that accordingly he should be entitled to rely it.

Although Mr Zimmerman has a policy of not confirming rides until acceptances this, in the committee's view was not adequately conveyed to Mr Wood.

Therefore it is the finding of this committee that an agreement did exist for Mr Watson to ride DECIDING STRIDE at Otaki on August 25^th 2005.

Chairman.