TRACKDATA

The mail filtering from the corridors from RNSW Druitt Street offices is that Board Chairman Alan Brown was ready to sit down with big bookies Matt Tripp, Michael Sullivan and Con Kafataris after being walloped in court on June 16 and sort out a deal, before V’Landys over ruled him.

Chairman Brown came out last Friday and invested several tens of thousands of industry money on back page print media advertising proclaiming to the world that Racing NSW are winners.

He actually interviewed himself and one of his questions was: DID WE WIN THE COURT CASES?

Chairman Brown’s answer: YES. THE LEGISLATION WAS UPHELD BY THE JUDGE.

Judge Perram’s answer: "...The plan is a transparent attempt to evade the requirements of s92 in a way which, I regret to say, does not deserve the appellation sophisticated"…………." Given the clear understanding that was held by the board of RNSW and Mr V'landys, that fee could only be applied neutrally and that this had to be so as a matter of substance, and not merely form. I must say that I am entirely puzzled as to how it was thought to be permissible, still less prudent as a statutory authority with the public responsibilities attendant thereon, to assume that the TAB or the New South Wales on-course bookmakers could be relieved from the economic burden of the fee. In any event, it is not presently necessary to determine why this reckless folly was chanced; it suffices only to conclude that it was."

Judge Perram added: “To the contrary, if any explanation was required it lay with RNSW and HRNSW to explain how, in a case about the validity of a measure apparently imposed on interstate and intrastate trade alike, the fact of various agreements relating to repayment and compensation to intrastate traders were not at once revealed to Sportsbet as they became known. As presently advised, and I emphasise, not having heard substantive argument on the matter, I do not really understand how such a fact would not have been disclosed to Sportsbet at the first available opportunity. This is especially so given the role of RNSW and HRNSW as regulators and emanations of the State."

Judge Perram found Racing NSW (he named Peter V’landys), Harness Racing NSW and the state of New South Wales engaged in deliberately protectionist behavior, with TabCorp breaching the Trade Practices Act suggesting that V’Landys is in collusion with Tabcorp.

Gee Al, it would be some party if you ever have a fair dinkum win.