You are here

Fletcher, Samantha v Jamaica Racing Commission

Court: 
Supreme Court
Catchwords: 

Judicial Review-Claim for judicial review-Illegality-Error of law-Whether the operations stewards were duly authorized to investigate the claimant for failing to take all reasonable and permissible measures throughout a race to ensure that a horse that she was riding was given the best possible placing in the race-Whether the operations stewards were duly appointed authorized persons by the commission-Whether the operations stewards were duly issued with certificates of appointments as required by statute

Procedural impropriety-Natural justice-Breach of the rules of natural justice-Whether the decision of the operations stewards is invalidated by the participation of a steward who also a member of the in and out committee-Whether the decision of the commission is invalidated by the participation of commissioners who were also members of the in and out committee

Remedy -Certiorari-Whether an order of certiorari ought properly to be made to quash the decision of the operations stewards-Whether an order of certiorari ought property to be made to quash the decision of the commission-The Jamaica Racing Commission Act, 1972, sections 15, 24 and 25 and The Jamaica Racing Commission Racing Rules, 1977 , rule 15(v)

Costs-Whether a cost order should properly be made in the circumstances-The appropriate cost order to be made in the circumstances-Civil Procedure Rules, 2002, rules 56.15(4) and (5), 64.3, 64.6(1), 64.6(3), 64.6(4)(a), (b), (d)(i) and (ii), (e)(i), (ii) and (iii), 64.6(4)(f) and 64.6(4)(g)

Document Type:

Year: 
2024
Suit/Claim number: 
SU 2024 CV 01122
Neutral Citation: 
[2024] JMSC Civ 168
Judge(s): 
A. Nembhard J