Cases

Mullins v Macfarlane & The Jockey Club

Held

(1) The court did not need to resolve the issue of jurisdiction, but its provisional view was that the court's discretion to grant declaratory relief was not limited to circumstances in which the Claimant's right to work was affected by the decision at issue. The importance of the challenged decision to the parties was an important factor. (2) No de facto threshold had been been established for the purposes of the Rules. There was a well-recognised difference between an administrative act that affects the detection or reporting of an infringement of a law or regulation and one that modifies the law or regulation itself. (3) It was neither arbitrary nor capricious for the Appeal Board not to have applied the higher reporting level retrospectively to the date of the race.

Also