Rule 243 of the Rules of Harness Racing 1999 (WA), prohibiting behaviour detrimental to the harness racing industry, does not require a direct connection between the behaviour and racing activities; conduct by a prominent industry participant that is public or has the potential to become public may be detrimental to the industry depending on its nature and seriousness, and the question is one of fact and degree. A court should not stay a specialist body's interim suspension order unless the applicant demonstrates that the body's exercise of discretion has miscarried, and ex parte applications for such stays without notice to the affected specialist body are not justified absent circumstances of urgency or impracticality.
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