Court decision looms in Racing NSW, ATC battle

Justice Francois Kunc will hand down his decision on whether Racing NSW has the power to place the Australian Turf Club into administration in the Supreme Court on Wednesday.

Justice Kunc heard three days of submissions from ATC’s barrister Scott Robertson SC and Michael Henry SC for Racing NSW last month.

Robertson put forward that the intention of the Thoroughbred Racing Act was to separate the commercial and integrity functions and Racing NSW was overstepping its mandate.

It was argued that putting the cATC into administration could contravene the Corporations Act and that Racing NSW lacks the power to do so.

Henry SC started his arguments by saying Racing NSW has “a maximalist position” in the management of the industry, via the Thoroughbred Racing Act.

“So far as horse racing goes … we say one cannot divorce the race clubs from the horse racing, because that’s the very reason the race clubs exist,” Henry SC told the court.

There will be plenty of eyes on Justice Kunc’s decision at 9.45am on Wednesday.

It is anticipated that whichever side loses the case will appeal.