Brooks (Carlton) v The Jamaica Racing Commission

• Jurisdiction: Jamaica
• Judge: FORTE, P: , HARRISON. J.A: , WALKER, J.A:
• Judgment Date: 02 April 2004
• Neutral Citation: JM 2004 CA 13
• Judgment citation (vLex): [2004] 4 JJC 0201
• Date: 02 April 2004
• Court: Court of Appeal (Jamaica)

IN THE COURT OF APPEAL

BEFORE:

THE HON. MR. JUSTICE FORTE, P THE HON. MR. JUSTICE HARRISON, J.A THE HON. MR. JUSTICE WALKER, J.A

BETWEEN

CARLTON BROOKS

APPELLANT

AND

THE JAMAICA RACING COMMISSION

RESPONDENT

Raphael Codlin Miss Brandie Anderson Raphael Codlin and Company

John Vassell Q.C. Miss Sheena Stubbs Dunn Cox

JUDICIAL REVIEW - Certiorari - Claim for payment of outstanding training fees - Whether Racing Commission has jurisdiction to hear claim of trainer - Jamaica Racing Commission Act, s. 22

FORTE, P:

1 I have read in draft the judgments of Harrison, J.A. and Walker, J.A. and agree with the reasons and conclusions therein. However, I add the following words of my own. The attempt by counsel for the appellant to describe the amount ordered to be paid by the Commission as a "penalty" was misconceived. The amount ordered to be paid was the sum of money which the commission found to be owing to the trainer, after an enquiry which it is empowered to undertake. (See Rule 15 (vi) of the Racing Rules). The complaint as to the order requiring the outstanding debt to be paid to the Commission for transmission to the trainer is also without merit. Failure to obey the order of the Commission would no doubt in due course, result in the name of the owner being placed on the "Forfeit List" which would deny the horse the opportunity of competing in races. (See Rule 161A (vii) of the Racing Rules).

2 As a result of the findings of Harrison, J.A. and Walker, J.A. with which I entirely agree it is unnecessary to decide the question whether the Racing Commission is a Public Authority and whether an order of certiorari can issue against it.

HARRISON. J.A:

3 I have read the reasons of Walker, J.A. and I agree. However, these are my comments.

4 The substance of the complaint of Mr Codlin, counsel for the appellant is one of the jurisdiction of the Jamaica Racing Commission ("the Commission") to hear the dispute between the owner and the trainer of the racehorse in respect of training fees of $430,000.00 owed by the owner, the appellant.

5 The Commission through its delegate, the Operations Steward, having received a complaint from Mr Barber that training fees were owed to him, held an enquiry and found that the sum of $204,320.00 was owed by the appellant to Mr Barker, the trainer. The Commission ordered the appellant to pay.

6 Section 22 of the Jamaica Racing Commission Act confers on the Commission, itself established by section 3, the power to make rules "... relating to horse racing at race courses". More specifically, section 22(2) provides that the Racing Rules may contain matters relating to programmes for meetings, entries to the races, entrance fees, prize money, and:

"... (e) all such other matters whether similar to the foregoing or not, relating to horses that are bred for training and grooming as the Commission may from time to time require."

7 The Racing Rules, 1977, revised in 1998, were consequently made.

8 Rule 19 confers on the Commission general powers to adjudicate in disputes. It reads:

"The Commission may consider and determine any complaint by any person against another in relation to any matter connected with horse racing including disputes between promoters, owners, trainers, jockeys, jockey's agents, grooms and other persons or may decline to entertain considerations of any such complaint or dispute."

9 If the sum claimed is found to be due and owing, Rule 19 empowers the Commission to order payment and:

"failure to make such payment shall be regarded as a default for all the purposes of these Rules."

10 Rule 161A provides for the entering into Training Agreements between owners and trainers, "... the settlement of an account for training fees," the procedure for complaint to the Commission on non-payment and the consideration and effect of non-payment.

11 These powers of the Commission to hear such complaints, are contemporaneous, and not in conflict...