Stratford Racing Club
ID: JCA18329
Hearing Type (Code):
thoroughbred-racing
Decision: --
The hearing of the charges under the New Zealand Rules of Racing against the above-named and six other defendants is set down for hearing by the Judicial Committee at New Plymouth on 26 April 2005.
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MINUTE (NO.3) OF JUDICIAL COMMITTEE
--| -- The hearing of the charges under the New Zealand Rules of Racing against the above-named and six other defendants is set down for hearing by the Judicial Committee at New Plymouth on 26 April 2005. ----A telephone conference was held this morning between the Judicial Committee, Counsel for the Informant, Mr Mike Colson, and Counsel for the Defendants, Mr Peter Brosnahan. ----Mr Brosnahan requested that the Committee adjourn the hearing of the charges against the defendants until such time as the application to the High Court for a declaratory judgment and for an injunction preventing the Committee from proceeding with an inquiry into the allegations against the defendants is determined in that Court. He stated that as the purpose of the High Court proceedings was to determine whether the New Zealand Thoroughbred Racing Incorporated had jurisdiction to investigate and prosecute the affairs of an incorporated society acting within the rules of the incorporated society and whether the Committee had jurisdiction to hear the charges against the defendants, that this was the appropriate course of action. ----Mr Colson opposed the request. He submitted that the hearing of the charges should proceed notwithstanding the application to the High Court. He stated that the issues before the Committee were of a relatively narrow compass, being whether the decisions taken by the defendants with respect to the membership of the Stratford Racing Club were acts deemed to be detrimental to the interests of racing. This, in his submission, was a matter properly brought before the Committee, and it was therefore appropriate for the Committee to determine the matter. ----We have viewed the Statement of Claim filed on 21 March 2005 in the High Court, Wellington Registry, on behalf of the defendants in this matter. The First Case Management Conference in respect of these proceedings has been set down for 26 April 2005, co-incidentally the same day as the Judicial Committee hearing is scheduled to commence. We accept Mr Brosnahan's statement as to the purpose of the High Court proceedings. As the matter of whether the Committee has jurisdiction to hear and determine the charges brought against the defendants will be before the High Court we do not believe that it is appropriate for the Committee to hear the matter whilst the proceedings are before that Court. ----The hearing of the charges against the above-named and six other defendants, set down for hearing by the Judicial Committee at New Plymouth on 26 April 2005, is adjourned sine die pending the decision of the High Court on the application by the defendants in this matter for a declaratory judgment. -- |
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Decision Date: 01/01/2001
Publish Date: 01/01/2001
JCA Decision Fields (raw)
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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.
hearingid: 032e5e132cda3219b263f35a3877fe3a
informantnumber:
horsename:
hearing_racingtype: thoroughbred-racing
startdate: 01/01/2001
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Stratford Racing Club
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--The hearing of the charges under the New Zealand Rules of Racing against the above-named and six other defendants is set down for hearing by the Judicial Committee at New Plymouth on 26 April 2005.
--
--
MINUTE (NO.3) OF JUDICIAL COMMITTEE
--| -- The hearing of the charges under the New Zealand Rules of Racing against the above-named and six other defendants is set down for hearing by the Judicial Committee at New Plymouth on 26 April 2005. ----A telephone conference was held this morning between the Judicial Committee, Counsel for the Informant, Mr Mike Colson, and Counsel for the Defendants, Mr Peter Brosnahan. ----Mr Brosnahan requested that the Committee adjourn the hearing of the charges against the defendants until such time as the application to the High Court for a declaratory judgment and for an injunction preventing the Committee from proceeding with an inquiry into the allegations against the defendants is determined in that Court. He stated that as the purpose of the High Court proceedings was to determine whether the New Zealand Thoroughbred Racing Incorporated had jurisdiction to investigate and prosecute the affairs of an incorporated society acting within the rules of the incorporated society and whether the Committee had jurisdiction to hear the charges against the defendants, that this was the appropriate course of action. ----Mr Colson opposed the request. He submitted that the hearing of the charges should proceed notwithstanding the application to the High Court. He stated that the issues before the Committee were of a relatively narrow compass, being whether the decisions taken by the defendants with respect to the membership of the Stratford Racing Club were acts deemed to be detrimental to the interests of racing. This, in his submission, was a matter properly brought before the Committee, and it was therefore appropriate for the Committee to determine the matter. ----We have viewed the Statement of Claim filed on 21 March 2005 in the High Court, Wellington Registry, on behalf of the defendants in this matter. The First Case Management Conference in respect of these proceedings has been set down for 26 April 2005, co-incidentally the same day as the Judicial Committee hearing is scheduled to commence. We accept Mr Brosnahan's statement as to the purpose of the High Court proceedings. As the matter of whether the Committee has jurisdiction to hear and determine the charges brought against the defendants will be before the High Court we do not believe that it is appropriate for the Committee to hear the matter whilst the proceedings are before that Court. ----The hearing of the charges against the above-named and six other defendants, set down for hearing by the Judicial Committee at New Plymouth on 26 April 2005, is adjourned sine die pending the decision of the High Court on the application by the defendants in this matter for a declaratory judgment. -- |
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sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules:
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
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