On 13 May 2021, the Court of Appeal handed down its judgment in an appeal filed by Ellen Tormey and Glenn Douglas against a decision of the Supreme Court of Victoria which ratified a decision of the Victorian Civil and Administrative Tribunal (VCAT) that it did not have jurisdiction to review a determination of the Harness Racing Victoria (HRV) Racing Appeals and Disciplinary (RAD) Board.
The Court of Appeal granted Ms Tormey and Mr Douglas leave to appeal and allowed the appeal. The Court of Appeal further stated that in place of the orders of the primary judge, the appeal to the Trial Division should be allowed and the decision of VCAT that it lacked jurisdiction should be set aside.
The full decision of the Court of Appeal can be viewed here.
The matter will be remitted back to VCAT for further hearing and determination.