Court blocks Racing NSW bid to take over ATC

The Australian Turf Club will not be put under administration after the Supreme Court ruled Racing NSW’s move to put an administrator in charge invalid under the Thoroughbred Racing Act.

Justice Francois Kunc gave eight reasons for his ruling, the most significant of which was the financial condition and corporate governance of the ATC fell outside the racing of horses under the Australian Rules of Racing and therefore the appointment was not authorised by the Act.

There were members of the department of Gaming and Racing in the Court to hear Justice Kunc’s ruling.

During the three days of hearings, Justice Kunc had repeatedly referred to the Brad Hazzard inquiry into the Thoroughbred Racing Act, saying “that might be a matter for Mr Hazzard”.

ATC chairman Tim Hale welcomed the result.

“ATC has won and feel vindicated,” Hale said.

Hale hopes the ATC and Racing NSW can work together to deliver the best racing in the country.

“The Australian Turf Club has always been committed to the highest standards of governance and the long-term health of the racing industry in New South Wales,” Hale said in a statement.

“Today’s win in the Supreme Court is very much a vindication of the ATC’s position and its view on the proper relationship between Racing NSW, as regulator, and the Australian Turf Club, and all other race clubs in NSW.

“This has been an unfortunate episode. It is not in the interests of racing for Racing NSW and race clubs to be in conflict. We should be working together.

“A strong, unified NSW racing industry is in the interests of every participant, Club Member, owner, trainer, breeder and everyone whose livelihood and passion are connected to the sport.

“The ATC looks forward to engaging with Racing NSW in that spirit as we move forward together.

“Today’s outcome affirms that commitment and allows us to focus fully on what matters most – delivering outstanding racing and experiences for our members, participants and the wider

community, as ATC this Saturday launches and hosts the $46.2 million Sydney Autumn Racing Carnival.”

Racing NSW has been contacted for comment on the  Supreme Court decision

Racing NSW has been ordered to pay costs to the ATC, which will mean the Court action could cost the industry more than $1 million.