Appeal B McCraw v RIU – Costs Decision dated 21 April 2015
ID: JCA15974
Decision:
IN THE MATTER of the New Zealand Rules of
Thoroughbred Racing
AND
IN THE MATTER of Information 3879
BETWEEN BILL McCRAW of
Invercargill, Farrier
Appellant
AND RACING INTEGRITY UNIT
Respondent
COSTS DECISION
1. Mr McCraw withdrew his Appeal at 11.18 a.m. on the last working day before the scheduled hearing date.
2. Understandably, Counsel for the Racing Integrity Unit ("RIU") had spent time in preparing for the Appeal. Mr Lange advised the Judicial Control Authority for Racing ("JCA") that his fee for the RJTJ had, by that time, amounted to (on a time recorded basis) in excess of $1,000.00 but which fee he has agreed to reduce to $800.00.
3. No submissions as to costs have been received from the Appellant.
4. It is this Appeal Committee's view that having regard to the time of the withdrawal of the Appeal, that an award of costs should be made against the Appellant in favour of the RITJ. We set that award at $500.00.
5. We also have the power to award costs in favour of the JCA. Actual costs for the JCA will amount to $460.15. However, having regard to the fact that the hearing did not proceed, we set the award in favour of the JCA at $300.00.
SUMMARY
6. The Appellant is to pay costs to the RIU in the sum of $500.00 and to the JCA in the sum of $300.00.
Dated this 21st day of April 2015
KG Hales
Appeal Tribunal Chairman
Appeal Decision: NO LINKED APPEAL DECISION
Decision Date: 18/04/2015
Publish Date: 18/04/2015
JCA Decision Fields (raw)
Dmitry: This section contains all JCA fields migrated from the raw data.
Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
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decisiondate: 18/04/2015
hearing_title: Appeal B McCraw v RIU - Costs Decision dated 21 April 2015
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appealdecision: NO LINKED APPEAL DECISION
isappeal:
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reasonsfordecision:
Decision:
IN THE MATTER of the New Zealand Rules of
Thoroughbred Racing
AND
IN THE MATTER of Information 3879
BETWEEN BILL McCRAW of
Invercargill, Farrier
Appellant
AND RACING INTEGRITY UNIT
Respondent
COSTS DECISION
1. Mr McCraw withdrew his Appeal at 11.18 a.m. on the last working day before the scheduled hearing date.
2. Understandably, Counsel for the Racing Integrity Unit ("RIU") had spent time in preparing for the Appeal. Mr Lange advised the Judicial Control Authority for Racing ("JCA") that his fee for the RJTJ had, by that time, amounted to (on a time recorded basis) in excess of $1,000.00 but which fee he has agreed to reduce to $800.00.
3. No submissions as to costs have been received from the Appellant.
4. It is this Appeal Committee's view that having regard to the time of the withdrawal of the Appeal, that an award of costs should be made against the Appellant in favour of the RITJ. We set that award at $500.00.
5. We also have the power to award costs in favour of the JCA. Actual costs for the JCA will amount to $460.15. However, having regard to the fact that the hearing did not proceed, we set the award in favour of the JCA at $300.00.
SUMMARY
6. The Appellant is to pay costs to the RIU in the sum of $500.00 and to the JCA in the sum of $300.00.
Dated this 21st day of April 2015
KG Hales
Appeal Tribunal Chairman
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