McGEE V. THE AUCKLAND RACING CLUB.

Waikato Times, Volume XII, Issue 1015, 28 December 1878, Page 2

McGEE V. THE AUCKLAND RACING CLUB.

The application of Mr Owen McGec for leave to appeal against the decision of the Supreme Court m tlie case McGee v. the Auckland Racing Club has been refused. In giving i judgment on Monday, Mr Justice ( Gillies said the plaintiff could, m any < cisp, go to the Court of Appeal by { petition. He concurred m the opi- i nion of the learned Judges (Johnson 1 and Williams), who held that leava \

it tlie Court waf ouly given where was a d;>ubt m the minds of the Judge. The,,only p 0 i u t J ie had u^any^doiibLupon, was as to the j*gbhcation iv the newspaper , (tterald), but the; point w us not now " r«ySed. He haid no%ubt whatever asjtto the prL7ilege":ln respec f kiudred clubs; indeed.: the rulesthe 86lv.es shew a relation between the bodies. He thought there coald b no doubt a person submits to tin decision of a racing club when % entei-d hia horse to run under their rules. The phrase " dishonest practices" was applicable, only m regard to racing, and a Court of Law could not be asked to decide matters of right as regards racing practices. It was like taking the matter out of the bauds of a tribunal wliich knew, or were assumed to know, everything about such matters, and referring to a Court which knew nothing at all about them. Tlie o:<Jy grou nds upon which a Court of Law could be expected to interfere would be where there was alleged fraud, or express malice. But the jury foui.d that there had been no malice, and there was no question of fraud here, such as the C.-urt could take cognisance of. The submission to the decision of Lhe club implied obedience to its decision aosordiug to the rules, m regard to all matters appertaining to racing. —Application refused, with costs.