FOR PRIVY COUNCIL

Taranaki Daily News, 8 March 1935, Page 7

FOR PRIVY COUNCIL

RACING MAN’S LAWSUIT.

R. NAYLOR'S DISQUALIFICATION.

By Telegraph—Press Assn.—Copyright. Sydney, March 7.

The Full Court granted an application on behalf of the Australian Jockey Club for leave to appeal to the Privy Council against a majority decision of the Full Court granting an injunction restraining the club from preventing Rufus Naylor from entering the Randwick racecourse. The present action follows an incident on January 12 when Rufus Naylor was escorted from the Canterbury Park racecourse by members of the racecourse detective staff after a conversation with the chairman of directors. Naylor succeeded in an appeal to the Full Court which ruled that the Australian Jockey Club was not entitled to exclude him from the Randwick course. Naylor subsequently attended races at Randwick and other metropolitan courses. A solicitor On behalf of Naylor then issued a writ claiming £lO,OOO damages from the Canterbury Park Racing Company, Limited. The Equity Court, Sydney, gave judgment in the case of Naylor against the Australian Jockey Club. Naylor applied for an interim injunction to restrain the club committee from further proceeding on its decision. The application was granted, and Naylor later sought a con-' tinuation of the injunction. The judge held that Naylor’s disqualification was invalid. On May 31 Mr. Justice Street in the Equity Court dismissed Naylor’s further application for an interim injunction to restrain the club from acting under its by-law No. 9, which empowers the club to exclude from its racecourse persons within its discretion deemed to be undesirable. Following upon this decision Naylor appealed. Mr. Justice Davidson declared that the club's by-lavz was too widely expressed.