HELD TO BE INVALID

Dominion, Volume 27, Issue 188, 8 May 1934, Page 13

HELD TO BE INVALID

A.J.C. Disqualification By Telegraph.—-Press Assn. —Copyright. (Received May 7, 8.35 p.m.). _ Sydney, Muy 7. In the Equity Court to-day Mr. Justice Long Junes gave judgment in the case of Naylor versus the Australian Jockey Club. • He held that Naylor’s disqualification was invalid and that the A.J.C. hud u” jurisdiction. Naylor must be regarded as an ordinary member of the public entitled to go upon the Randwick racecourse, The A.J.C. had contended tnat Naylor was not an ordinary member of the public but was a person plyipg a trade and that plaintiff’s character was such that he might, tinder the club s rules, be excluded from admission. In granting Naylor a continuation of the injunction, the judge said there was nothing to prevent the A.J.C. taking another course in the exercise of its rights under the statute ami it was satisfactory to know that, the A.J.C. commit tee was not mistaken in its couctusioi, regarding the character of the evidence Naylor had given at the club's inquiry.

The A.J.C. committee disqualified Naylor, the well-know.n turf man, during its pleasure. Naylor was formerly prominent as n bookmaker, and was also associated lust yeiir with the trip of Wmooko to Americn. Arising out of his disqualification, Naylor applied for an interim injunction to restrain the Australian Jockey Club Committee from further proceedings upon its decisiou. The court granted the application, and Naylor was reported to be issuing a writ claiming £lO,OOO damages against lhe A.J.C. for alleged libel. An affidavit prepared by Mr. Howe, secretary of the A.J.C., was read in the court when argument was heard on Naylor’s application for a continuation ot the injunction.' It disclosed that Naylor was disqualified on the ground hint he gave false or misleading evidence in connection with the ownership of a horse named Movtido, which allegedly was not allowed to do its best at lhe Gosford country meeting in February, 1933 and consequently was disqualified, buri’ll" the subsequent inquiry Naylor was informed that the stewards were of opinion that a man named I<. Punch, owner of Gesto, was also dummying tor for Naylor argued that the club by-law under which Naylor was disqualified was invalid, and that the AJ C acted without legal authority.