Appeal – NZTR v Stratford RC

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startdate: 01/01/2001

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hearing_title: Appeal - NZTR v Stratford RC

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The informations herein alleging breaches of Rule 1001(1)(v)(i) are brought before the Judicial Committee and are due to be heard on the 24^th of July 2006.

BEFORE THE APPEALS TRIBUNAL HELD AT CHRISTCHURH

BETWEEN -                        BF McKENZIE (NZ Thoroughbred Racing)

                                          Appellant

AND                                   MG BLUE & OTHERS

                                          Respondents

Hearing:                            On the papers

Decision:                          19 July 2006

Appeal Tribunal:                Judge JS Bisphan  (Chairman)

                                       Judge NF Smith

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DECISION OF APPEALS TRIBUNAL

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The informations herein alleging breaches of Rule 1001(1)(v)(i) are brought before the Judicial Committee and are due to be heard on the 24^th of July 2006. The events giving rise to the charges contained in the informations occurred in 2002. The informations were laid on 10 September 2004.

There is a long history to this matter which is well known to the parties and because of the exigencies of time we do not propose to go into the background, nor do we propose to give a detailed decision. The immediate matter before this Appeals Tribunal is an appeal brought by the appellant against a decision of the Judicial Committee to refuse a further adjournment of the hearing of the informations. That refusal was recorded in a Minute (No.5) dated 28 June 2006.

The informations as laid allege that the various respondents as Committee members of the Stratford Racing Club Inc wrongly rejected membership applications for a number of people and also through the Secretary of the said Racing Club, wrongly ruled that a candidate for presidency was non financial. It is further alleged that such conduct is detrimental to the interests of racing.

What has prompted this appeal is the filing on 24 May 2006 in the High Court at New Plymouth of an application for judicial review. The first and fourth causes of action in that application request review by the High Court of the actions of the Stratford Racing Club Inc in refusing membership to a number of prospective members as aforesaid and also review of the rejection of the nomination for President as aforesaid. The request for the further adjournment by the appellant is based on the premise that as the High Court will be addressing the issues which will form the basis of proof of the allegations before the Judicial Committee, that the Judicial Committee should await the High Court decision before proceeding. The Judicial Committee has refused a further adjournment hence this appeal.

We have read the submissions filed. We propose to look at the matter afresh. The following matters, inter alia, are relevant:

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1. Delay ? it is undesirable that there be further delay.
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2. Different parties in the two sets of proceedings might tend to the view one case ought not to delay the hearing of the other. Two causes of action in the review are not relevant to the Judicial Committee's proceedings.
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3. Different functions and format. The High Court will be conducting a review and considering declarations and remedial orders. It is unlikely there will be oral evidence or cross-examination. The Judicial Committee will conduct a largely oral hearing with cross-examination to decide whether the respondent's conduct was detrimental to the interests of racing.
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Those factors might indicate that a further adjournment should not be granted.

Balanced against the foregoing, it must be accepted that the factual matrix for both sets of proceedings i.e. the first and fourth causes of action in the review and the informations laid is identical. Whilst the High Court's decision may not necessarily be decisive of the issue before the Judicial Committee we are satisfied that it will, or ought to, have a profound effect on the way the Judicial Committee will consider the charges. Findings by the High Court as to unreasonableness, failure to consider on the merits, bias, ultra vires, breach of rules, illegitimate purpose, breach of the Racing Act and the rules of natural justice must necessarily and significantly impinge on whether the actions of the respondents constitute conduct detrimental to racing. By and large we agree with Counsel for the appellant's submissions as to the significance of the High Court review.

It also seems likely that if the Judicial Committee proceeds first, any subsequent findings or orders by the High Court will result in rehearing applications and/or further litigation.

Reluctant as we are to further adjourn the hearing of the informations and all that entails, we conclude that the High Court review should proceed first. The appeal is allowed. The Judicial Committee hearing is further adjourned but is to be given a firm fixture once the High Court review proceedings are resolved. Costs are reserved.

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Judge JS Bisphan                   Judge NF Smith

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hearing_type: Old Hearing

Rules: 1001.1.v.i

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