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Alligator Blood’s former owner Allan Endresz set for six-figure payout after Supreme Court awards costs

Alligator Blood’s former owner Allan Endresz is set for a six-figure payout after the Supreme Court awarded costs in his favour over his long-running court battle against Racing Queensland and the state’s integrity commission.

Alligator Blood’s court saga against QRIC and RQ continues to drag out. Picture: Trackside Photography.
Alligator Blood’s court saga against QRIC and RQ continues to drag out. Picture: Trackside Photography.

The former owners of Alligator Blood have won back the significant cost of their long-running court battle against Racing Queensland and the Queensland Racing Integrity Commission after the state’s Supreme Court ruled in their favour.

It can be revealed a three-judge panel ruled that both RQ and QRIC repay controversial former owner Allan Endresz, along with current owners Jeff and Robyn Simpson, back their court costs in full stemming from their drawn out saga involving the horse’s disqualification from the 2020 Magic Millions 3YO Guineas.

It is understood the costs could range from $200,000 to $600,000.

Lawyers for both RQ and QRIC argued they should only foot the bill for 60 per cent of the costs, however, those submissions were not accepted by the court.

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In his court battle, Endresz won the right for owners to be heard when it comes to stewards inquiries, with the court ruling his disqualification from the race void.

Queensland racing authorities have declared the decision won’t change the outcome of the race, with the horse still shown as disqualified and no prizemoney paid out to date.

In handing down their decision, Justice’s Morrison, Fraser and Williams ruled in Endresz’s favour, saying he had no option but to bring the proceedings against RQ and QRIC.

“It was the conduct of (QRIC) stewards in keeping the owners ‘in the dark about an imminent adjudication by the stewards … In which the owners had a substantial interest’ which constituted the denial of natural justice to the owners,” the decision read.

* REVEALED: Alligator Blood explosive court documents

Former connections of Alligator Blood are yet to get prizemoney for the 2020 Magic Millions. Picture: AAP Image — Jono Searle.
Former connections of Alligator Blood are yet to get prizemoney for the 2020 Magic Millions. Picture: AAP Image — Jono Searle.

“The owners were left with no realistic alternative but to bring the proceedings in the Trial Division, and to contest the appeals, to vindicate their right to natural justice as a condition of a valid disqualification.

“The owners’ arguments in the Trial Division upon the question whether there was a right to appeal from the disqualification were not unreasonable.

“The primary judge accepted those arguments and it could not be said to have been unreasonable for the owners to seek to uphold that part of the primary judge’s analysis in the appeals.”

Legal letters obtained by Racenet last week revealed the fiery battle brewing behind the scenes, with Racing Queensland declaring they will not pay prizemoney because the horse produced a positive swab.

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“The Stewards have not cleared the swab sample taken from Alligator Blood on 11 January 2020. As your clients are aware, the testing of that sample indicated the presence of a prohibited substance,” RQ’s lawyers wrote.

“The declaration made by Burns J does not affect this position.”

The sudden resignation of former QRIC commissioner Shane Gillard further complicates the situation, with long-time public servant Malcolm Letts taking over the role in an interim capacity.

Originally published as Alligator Blood’s former owner Allan Endresz set for six-figure payout after Supreme Court awards costs

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Original URL: https://www.dailytelegraph.com.au/sport/horse-racing/alligator-bloods-former-owner-allan-endresz-set-for-sixfigure-payout-after-supreme-court-awards-costs/news-story/4b5677df35ce1e731e612e8388c8869a