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Moody Kavanagh OBrien all have the Cobalt Blues. - Racing Talk - Racehorse TALK

Author Topic: Moody Kavanagh OBrien all have the Cobalt Blues.  (Read 337064 times)

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Online arthur

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« 2018-Mar-01, 05:12 PM Reply #2375 »
Courts in all jurisdictions seem prepared to accept defenses / excuses that a schoolteacher wouldn't accept from a 13 year old kid . .

The greatest deterrent to criminal activity is thinking that you probably won't get away with it . .

That deterrent has virtually disappeared in all areas of our life . .


The 'summary justice' dispensed by those old 'tough but fair' stewards, may not have been perfect, but was probably better than what we have now

Offline nemisis

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« 2018-Mar-01, 07:17 PM Reply #2376 »
I was trying to see some reference in the judgement that referred to the $1000.00 vitamin injections but couldn't see anything.

Would anybody pay that much for an injection and not want to know what made it so expensive?

The old term "cheats never prosper" lost all it's meaning long ago.

Offline gunbower

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« 2018-Mar-01, 07:27 PM Reply #2377 »
Spot on Nemisis. It is a ----load of vitamins.

Offline Arsenal

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« 2018-May-07, 09:23 AM Reply #2378 »
Bruce Clarke on Press Room today reported VCAT decision on costs of the Cobalt case was handed down "quietly" on Friday evening ...all parties to bear their own costs ..that'll be a significant cost to the plaintiffs O'Brien Kavanagh as the daily costs charged by VCAT are their responsibility plus whatever legal fees their lawyers charge....Bruce also said a civil case claiming damages to the trainers' reputations is still alive.

Giddy Up :beer:

Offline fours

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« 2018-May-07, 01:29 PM Reply #2379 »
Arsenal,

Are the trainers suing the judge for declaring they are merely naive foolish victims of the evil vet and have not got a clue what they are doing nor about the proper cost of vitamins?

Fours

Offline Arsenal

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« 2018-May-07, 05:42 PM Reply #2380 »
Arsenal,

Are the trainers suing the judge for declaring they are merely naive foolish victims of the evil vet and have not got a clue what they are doing nor about the proper cost of vitamins?

Fours

Fours I only know that they're said to be taking a civil case the prospects of success IMO would be long odds......write your own ticket.


AR.197. No person shall be entitled to make any claim for damages by reason or in consequence of
the imposition, annulment, removal, mitigation, or remission of any penalty imposed or purporting to
be imposed under the Rules. [amended 1.9.09]



Giddy Up :beer:
« Last Edit: 2018-May-07, 06:57 PM by Arsenal »

Offline Arsenal

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« 2018-Jun-11, 07:58 PM Reply #2381 »
VCAT decision on Kavanagh & O'Brien's claim against RV for limited costs strongly resisted by RV extensive reasons for decision make interesting reading it pays not to jump to conclusions in the end Garde P decided it was fair for both sides to bear their own costs.......in passing he made the comment that nothing in his comments should be taken to refer to the trainers civil action against Dr Brennan and the Flemington Vet Clinic.......any thoughts that they might be suing RV were well astray.

http://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VCAT/2018/674.html?context=1;query=%22review%20and%20regulation%20list%22;mask_path=au/cases/vic/VCAT

Conclusion

Having regard to all of the considerations urged by the parties in their written submissions, and after having assessed the considerations listed in s 109(3)(a)(e), I am not satisfied for the purposes of s 109(3) that it is fair to make any order for costs.

While the proceeding was hard fought, there was nothing done by RVL in the conduct of the proceeding that would merit an award of costs against it.

There is no doubt that the horses concerned raced following administration of a prohibited substance. It is the duty of the stewards and RVL to do all that they can to bring those responsible to justice, and to bring proceedings before the RAD Board and this Tribunal.

In my view, it is in the interests of justice in the circumstances of this case that the ordinary rule of the Tribunal, namely that parties bear their own costs should prevail.

Nothing I say is intended to affect any civil claims that the applicants may have against Dr Brennan or the Flemington Equine Clinic.

I decline to make any order under s 109(2) that any party pay all or a specified part of the costs of the other party in those proceedings. The result is that the parties will bear their own costs in each proceeding. The Tribunal will make orders in each proceeding accordingly.

Giddy Up :beer:


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