Racing New South Wales v Fletcher

[2020] NSWCA 9

NSW Court of Appeal

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Interrogate

Catchwords

1. Associations and Clubs
2. › Racing clubs
3. › Powers of stewards
4. › Power to use information obtained under rules of racing
5. › Where exercise of power expressed to be for specific stated purpose
6. › Whether use of information limited to that purpose
7. › Australian Rules of Racing, rr 15(a), 20(d), 22(1)(a), (d)
8. › Thoroughbred Racing Act 1996 (NSW), ss 13, 14
1. Administrative Law
2. › Statutory powers
3. › Power to obtain information
4. › Implied limitation on use of information obtained under statutory power
5. › Purpose for which statute confers power defines scope of limitation
6. › Whether purpose stated in particular direction limits use
1. Equity
2. › Injunctions
3. › Quia timet injunction
4. › Restraining use of information
5. › Whether legal or equitable right identified to support injunction

Quick Take

Racing industry participants should note that information lawfully obtained by stewards under the Australian Rules of Racing may be used for any racing-related investigation or inquiry, not merely the investigation specified in the direction requiring production.