APPLICATION DISMISSED

Taranaki Daily News, 2 June 1934, Page 7

APPLICATION DISMISSED

CLAIM BEFORE EQUITY COURT. NAYLOR’S EXCLUSION CONFIRMED. By Telegraph—Press Assn.—Copyright. Sydney, June 1. Mr. Justice Street, in the Equity Court, to-day dismissed Rufe Naylor’s application for an interim injunction restraining the Australian Jockey Club acting under by-law 9, which empowered the club to exclude from a racecourse persons within its discretion deemed undesirable. The judge said that the words of this by-law obviously meant “undesirable” from the point of view of the management of horse-racing on the Randwick racecourse as a sport. The Legislature had invested the A.J.C. with power for making by-laws for the general management and control of lands comprising a racecourse, and it was appr’.”'"’t that the legislature intended the A J.C. should have the right of saying what class of persons should not enter the racecourse. It was common knowledge that undesirable persons attended racecourses for the purpose of earning a livelihood by various devious and dishonest methods. The judge could not regard it unreasonable that discretion should be conferred upon the A.J.C. Committee to exclude or expel such persons thought undesirable in the interests of all concerned, particularly horse-racing as a sport. However, the committee should before acting upon this by-law give the person involved an opportunity of being heard. Naylor’s solicitor subsequently stated that an appeal against Mr. Justice Street’s decision would be lodged before the Full Court.