Hookway v Racing Victoria Ltd
[2005] VSCA 310(Judgment by: Warren CJ)
Hookway
vRacing Victoria Ltd
Judges:
Warren CJOrmiston JA
Harper AJA
Subject References:
Mistake of law
Prize money paid by racing clubs in mistaken belief that there was no further right of appeal against stewards' findings
Placings later reversed by Racing Appeals Board
Right to recover payment
Whether payment 'voluntary'
Whether defence of 'honest receipt'
Whether 'misprediction'
RACING
Effect of Rules of Racing
Right under AR 173 to seek return of moneys paid by racing clubs
Legislative References:
Income Tax Assessment Act 1936 - s 261
Limitation of Actions Act 1958 - The Act
Judgment date: 20 December 2005
Judgment by:
Warren CJ
[1] I have had the considerable benefit of reading the draft reasons of Ormiston JA. I agree, substantially for the reasons stated by his Honour, that the grounds with respect to unjust enrichment are not made out. Whilst I agree fully with the process of reasoning of Ormiston JA as to the proper application of David Securities Pty Ltd v Commonwealth Bank of Australia, [1] I do not consider it necessary to contemplate the thinking that lay behind the analysis of Brennan J in Commissioner of State Revenue (Vic) v Royal Insurance Australia Ltd. [2] I consider, for the reasons stated by Ormiston JA, that David Securities states the applicable law.
[2] I otherwise fully agree with Ormiston JA as to the grounds relating to the rules of racing.
[3] It follows that I would dismiss the appeal.