Hogno & Anor v Racing Queensland Ltd & Ors

[2013] QCA 139

Queensland Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Associations and Clubs
2. › Expulsion, suspension and disqualification
3. › Remedies for wrongful exercise of power
4. › Exclusion of liability under rules of association
5. › Whether exclusion clauses in Australian Rules of Racing applied to bar damages claim
6. › Whether rules applied to participants in combined sports meeting
7. › Racing and Betting Act 1980 (Qld), ss 5, 11A, 11B, 130, 135
8. › Australian Rules of Racing, AR 197, AR 198
1. Tort Law
2. › Negligence
3. › Duty of care
4. › Statutory decision-makers
5. › Whether quasi-judicial tribunal owes duty of care to person subject to its determination
6. › Whether availability of appeal and review processes negates vulnerability
7. › Racing and Betting Act 1980 (Qld), ss 11A, 11B
1. Tort Law
2. › Immunities
3. › Quasi-judicial immunity
4. › Stewards conducting inquiry under Rules of Racing
5. › Whether stewards exercising quasi-judicial functions
6. › Indicia of quasi-judicial function
7. › Whether erroneous exercise of jurisdiction deprives tribunal of immunity

Quick Take

Australian Rules 197 and 198 of the Rules of Racing exclude liability for loss arising from the bona fide exercise of powers under the Rules, even where the exercise is subsequently found to be erroneous and unlawful. A person who is the owner of a registered racehorse and actively involved in racing is subject to the Rules as a person who 'takes part in any matter coming within' the Rules. No duty of care is owed by a quasi-judicial tribunal to the person subject to its determination, particularly where appeal and review processes are available.