VIC - Supreme Court Appeal Decision - Ellen Tormey and Glenn Douglas

09 September 2020

On 8 September 2020, Justice Richards of the Supreme Court of Victoria handed down a judgment dismissing appeals by licensed trainer-driver Ellen Tormey and licensed trainer-driver Glenn Douglas against a decision of the Victorian Civil and Administrative Tribunal (VCAT) that it had no jurisdiction to determine applications for review lodged by Ms Tormey and Mr Douglas against decisions of the Harness Racing Victoria (HRV) Racing Appeals and Disciplinary (RAD) Board made in December 2019.

The full details of the HRV RAD Board matter in respect of both Ms Tormey and Mr Douglas can be viewed here, while the further HRV RAD Board Media Release regarding Ms Tormey can be found here.

The decision of VCAT Senior Member Dea, who determined that VCAT had no jurisdiction to hear the review applications, can be viewed here.

In Justice Richards’ judgment, which can be viewed here, Her Honour stated that “the appellants had an arguable case, on a question of some importance to the Victorian racing industry, and so leave to appeal will be granted”, however “the Tribunal was correct to conclude that it had no jurisdiction, and the appeal must be dismissed”.

The stay of proceedings previously granted by the Supreme Court remains in force pending the Court making its final orders in respect of this matter.