Victorian Civil and Administrative Tribunal|2019-01-18|Before: Mr J, Greg Garde J

For the reasons given, the Tribunal will impose a three year period of disqualification on each trainer for each offence, but with each period of disqualification to be served concurrently, giving an effective period of disqualification of three years.
Each of the horses, Windy Citi, Bear, Best Suggestion and Choose, will be disqualified from their respective races and the places amended accordingly.

[1] The Rules of Racing of Racing Victoria incorporate the Australian Rules of Racing, made by the Australian Racing Board, and the Local Rules of Racing, made by Racing Victoria Limited. Australian Rules are described as ARs and Local Rules are described as LRs.

[3] Hope v Racing Victoria Limited (No 2) [2018] VCAT 1688 [196] ('Tribunal reasons').

[5] Referring to Oliver v Racing Victoria Limited (No 2) [2016] VCAT 1796, [35]; Corstens v Racing Victoria Limited [2010] VCAT 1106, [19]-[20].

[6] Under AR 196(5), where a person is found guilty of a breach of AR175(h)(i), a penalty of disqualification for a period of not less than the period specified for that Rule must be imposed unless there is a finding that a special circumstance exists whereupon the penalty may be reduced.

[8] Racing Victoria Ltd v Riley (2016) 51 VR 261, 263 [1], citing R v Disciplinary Committee of Jockey Club ex parte Aga Khan [1992] EWCA Civ 7; [1993] 2 All ER 853, 857-858; Harper v Racing Appeal Tribunal (1995) 12 WAR 337, 347; Racing Victoria Limited v Kavanagh [2017] VSCA 334 [83].

[11] Kavanagh v Racing Victoria Limited [2017] VCAT 386; Racing Victoria Limited v Kavanagh [2017] VSCA 334.

[13] Referring to O'Shea & Downing v Thoroughbred Racing SA Ltd (Stewards RAT 14/2018, 14 September 2016).

[14] Tribunal reasons [185], [192], [195].

[15] Ibid [185]-[186], [191]-[195].

[17] Ibid [185]-[186], [191]-[195].

[18] Kavanagh v Racing NSW (Racing Appeals Tribunal NSW, 13 August 2018) [194].

[19] Murray v Racing NSW (Racing Appeals Panel NSW, 26 February 2018) [16], [18].

[24] United Mexican States v Cabal [2001] HCA 60; (2001) 209 CLR 165, 191 [61] (Gleeson CJ, McHugh and Gummow JJ).

[25] Cortez Investments Ltd v Olphert & Collins [1984] 2 NZLR 434, 439 (Richardson J); see also Re Norman (1886) 16 QBD 673, 577 (Lopes LJ), Crabtree v Hinchcliffe [1972] AC 707, 731 (Lord Reid); 739 (Lord Dilhorne).

Civil and Administrative Tribunal Act 1998

Hope v Racing Victoria Limited (No 3) (Review and Regulation) [2019] VCAT 82 (18 January 2019)

Hope v Racing Victoria Limited

At a glance

Court

Decision date

Before

Source

Judgment (18 paragraphs)

Parties

Legislation Cited (1)

Cases Cited (4)

Hope v Racing Victoria Limited (No 3) (Review and Regulation) [2019] VCAT 82 (18 January 2019)