Appeal – Decision as to Costs dated 7 October 2024 – Robert Pringle
ID: RIB47066
Animal Name:
GRANDE VUE ACE
Code:
Greyhound
Race Date:
28/01/2024
Race Club:
Auckland Greyhound Racing Club
Race Location:
Manukau Greyhound Stadium - Te Irirangi Drive, Manukau, Auckland, 2023
Race Number:
R3
Hearing Date:
10/09/2024
Hearing Location:
via Audio Visual
Outcome: Appeal Dismissed
Penalty: N/A
Background
1. The Appellant filed an Appeal against the penalties imposed by an Adjudicative Committee on two charges of a breach of Rule 141(1)(a) of the Greyhound Racing New Zealand Rules.
2. The Appellant pleaded guilty to the charges.
3. In a Decision dated 20 September 2024, this Tribunal dismissed the Appellant’s Appeal.
4. In that Decision, the Tribunal sought submissions from the parties as to costs.
Appellant’s Submissions
5. No submissions were received from the Appellant.
Respondent’s Submissions
6. Mr Irving, on behalf of the Respondent, indicated it was usual practice for the RIB to engage Legal Counsel where the other party to the proceeding had also engaged Legal Counsel.
7. For this Appeal however, the RIB only sought Legal Counsel to review the submissions, which had been prepared by Mr Irving.
8. The cost of that review was $395.00 + GST and he sought full reimbursement from the Appellant on the basis that any cost incurred by the RIB in this matter, would be a cost to be borne by the whole Industry.
Discussion
9. The costs incurred by the RIB as Respondent in this proceeding was reasonable. The Appeals Tribunal considers it appropriate the Appellant contributes $250 towards those costs.
10. In addition, there has been a cost to the RIB in assembling this Tribunal and arranging for the actual hearing – albeit it was by Audio Visual Link (AVL).
11. Costs of the Tribunal were $3,930 + GST. Again, it is reasonable to expect the Appellant to make some contribution towards that cost. The Tribunal considers an appropriate contribution towards the cost of this Tribunal to be $1,250.
Decision
12. Accordingly, the Tribunal orders the Appellant to pay $1,500 in costs in respect of his Appeal.
Decision Date: 07/10/2024
Publish Date: 08/10/2024