Racing NSW to appeal NSW Supreme Court decision

Racing NSW has confirmed it will appeal Wednesday’s ruling from the NSW Supreme Court, stating the decision creates uncertainty around its ability to fund race clubs and support the thousands of people involved in the state’s thoroughbred racing industry.

The organisation said the judgment places Racing NSW in a difficult position when it comes to providing financial assistance to race clubs throughout the state and supporting the more than 50,000 participants whose livelihoods depend on the industry.

During the court proceedings and in the subsequent ruling, the Court examined whether Racing NSW’s statutory powers extend beyond matters strictly relating to the “racing of galloping horses”.

Racing NSW believes that if such a narrow interpretation of its authority were to stand, it could significantly limit its ability to fund key initiatives including infrastructure projects, facility upgrades and operational support that underpin racing across New South Wales.

The governing body said a lack of clarity on this issue could threaten its capacity to continue supporting the state’s 120 race clubs and the communities connected to them.

According to Racing NSW, race clubs across the state—aside from the Australian Turf Club—are currently in their strongest financial position on record, with net current assets and cash holdings having doubled over the past decade.

The body said certainty around its powers is essential to ensure those clubs remain financially stable and continue operating successfully.

Racing NSW also highlighted that it distributed a record $422 million to industry participants last year, a figure $110 million higher than any other Australian racing jurisdiction.

The judgment from Justice Kunc did confirm that Racing NSW’s statutory authority to appoint an administrator does not conflict with the Corporations Act, dismissing the Australian Turf Club’s argument on that point.

Racing NSW had moved to appoint an administrator to the ATC citing concerns about financial management and corporate governance at the club, and the organisation maintains those concerns still stand.

Officials emphasised that the court case centred on interpretation of legislation rather than the merits of Racing NSW’s original decision.

Racing NSW board members stated they have an obligation to act in the interests of the entire industry rather than individual groups.

The appeal, Racing NSW said, is aimed at securing clarity and certainty around its authority to fund and support race clubs across the state while protecting the long-term stability of the industry.

Thoroughbred racing in New South Wales supports more than 50,000 participants including trainers, jockeys, stable staff, breeders, owners and regional communities that rely on racing activity, and Racing NSW says it remains committed to safeguarding those livelihoods.

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