Appeal – Costs Ruling dated 11 February 2025 – Rachel Joanne Malcolm
ID: RIB51528
Animal Name:
KIRRAWEE
Code:
Thoroughbred
Hearing Date:
16/12/2024
Hearing Location:
Te Rapa Racecourse
Outcome: Appeal Dismissed
Penalty: Rachel Joanne Malcolm's disqualification of 6 months stands
1. INTRODUCTION
1.1 The Appeals Tribunal issued a Decision dated the 16th of January 2025.
1.2 The Tribunal sought submissions as to costs from both parties. These have now been received and considered.
2. SUBMISSIONS FOR RESPONDENT
2.1 The Respondent advises that it has incurred costs of $6,882.75 GST inclusive. The submission contends that the usual approach is to make an order for around 60% of the costs incurred. The submission is therefore seeking contribution of $4,130.00 being 60% of the costs of the RIB. The submissions go on to acknowledge that it is the Tribunal’s usual approach to also order a contribution towards the costs which the Tribunal has incurred.
3. SUBMISSIONS FOR MRS MALCOLM
3.1 The submissions correctly point out that the amount of costs to be awarded is discretionary and that there is no defined rule as to the percentage of costs that are to be ordered.
3.2 The costs submissions are accompanied by an affidavit which Mrs Malcolm placed before the Adjudicative Committee. That is dated the 9th of October 2024. It sets out the severe financial impact as a result of the charges laid and the disqualification. The Tribunal is asked to consider the financial circumstances of Mrs Malcolm and to reduce the costs awards that might otherwise have been made. Further it is submitted that the Tribunal should order only a modest sum in relation to its own costs.
4. DISCUSSION
4.1 The costs incurred by the Respondent of $6,882.75 seem entirely reasonable. Extensive submissions were placed before the Tribunal – that by Counsel for both parties. It is not contended for Mrs Malcolm that the costs incurred by the Respondent are unreasonable.
4.2 The affidavit to which reference has been made demonstrates that the financial impact has been severe. That was no doubt considered by the Adjudicative Committee when it imposed penalty. The financial consequences are ongoing.
4.3 The Tribunal considers that the usual practise of awarding around 60% of the costs actually incurred, should be adjusted in this case by reference to the severe financial consequences outlined in the affidavit. The Tribunal therefore awards 50% of the costs sought by the RIB: that is the sum of $3,441.35.
4.4 As to the costs of the Tribunal, neither party has proposed a figure. The submissions from Mrs Malcolm suggest that it be what is described as ‘a modest amount’. There is some validity in that submission, given the circumstances outlined here. The costs payable in relation to the Tribunal will be $2,250.00.
Decision Date: 11/02/2025
Publish Date: 04/04/2025