CAN GO ON COURSE.

Star (Christchurch), Volume LXVI, Issue 20299, 8 May 1934, Page 1

CAN GO ON COURSE.

Judge Extends Injunction for Rufus Naylor. United Press Assn.—By Electric Telegraph—Copyright. SYDNEY, May 7. In the Equity Court to-day, Mr Justice Long Innes gave judgment in the case of Rufus Theodore Naylor versus the Australian Jockey Club, in which the Court was asked by motion for the continuance of an injunction granted ex parte on March 31, by which the club was restrained frcr.i preventing Naylor from entering or remaining on the Randwick racecourse. The judge pointed out that the A.J.C. had deliberately refrained from exercising any power it might possess under the by-law covering persons whom it was not desired to admit to a racecourse and instead had elected to with Naylor under rule 171 of the Rules of Racing, whereby Naylor had not agreed to be bound. Plaintiff must therefore be regarded as an ordinary member of the public under invalid disqualification. Rule 171 gives the A.J.C. power to suspend or disqualify any person who, in the opinion of the committee or the stewards, gives evidence misleading in any particular. The Judge held that Naylor’s disqualification was invalid as the club had no jurisdiction. Naylor must be regarded as an ordinary member of the public and was entitled to go upon the Randwick racecourse. The Australian Jockey Club had contended that Naylor was not an ordinary member of the public, but was a person plying for trade, and that plaintiff’s character was such that he might under the club’s rules be excluded from admission. In granting Naylor a continuation of the injunction, the Judge said that there was nothing to prevent the Australian Jockey Club from taking such another course in the exercise of its rights under the statute and it was satisfactory to know that the club’s committee was not mistaken in its conclusions regarding the character of the evidence Naylor had given at the club’s inquiry.