Racing NSW wins first round of court battle against rivals
One of Sydney’s highest-profile PR companies has been told by a court to hand over documents amid claims it put together a communications spin plan to help rival racing bodies set up a cartel to exile Racing NSW.
Police & Courts
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One of Sydney’s highest-profile PR companies has been told by a court to hand over documents amid claims it put together a communications spin plan to help rival racing bodies set up a body to exile Racing NSW.
The powerhouse firm of Cato and Clive on Wednesday lost their bid in the Supreme Court to block a subpoena by Racing NSW and its boss Peter V’landys for any documents relating to something dubbed the “Technical Communications Plan”.
The secretive move by the racing authorities of Victoria, South Australia, Western Australia and Queensland to set up a breakaway body follows the spectacular success of Mr V’landys to introduce mega prizemoney races including the $15m race The Everest at the expense of Melbourne’s coveted Spring Racing Carnival.
Justice James Stevenson found there was evidence that one or more of the interstate racing bodies had retained Cato and Clive, of which Sue Cato and Clive Mathieson, a former editor of The Australian, are principals.
Cato and Clive had argued Racing NSW was just on a “fishing” mission.
The court decision is a major move as Racing NSW gets ready for a full hearing on May 4.
Racing NSW has taken civil action against the other authorities, claiming they have acted in an anti-competitive way by plotting against them.
Justice Stevenson said Racing NSW was looking for documents which referred to or recorded any agreement between the other racing authorities to exclude Racing NSW from the Australian thoroughbred racing industry and to establish “a new entity or joint venture for the provision of services relating to thoroughbred racing in Australia”.
The judge said there was evidence of a document called “Technical Communications Plan”, which has been provided to Racing NSW anonymously.
“That document speaks of there being a “public announcement” of a “call for reform” of Racing Australia made by “major thoroughbred racing jurisdictions”.
It also speaks of the “objective” of that “call for reform” being a “reform agenda” of the Victorian, Queensland, South Australian and Western Australian Principal Racing Authorities “as it relates to the ongoing operation of Racing Australia”,” the judge said.
“The document also speaks of the ‘key messages’ to be delivered by a ‘spokesperson’ of media management and of ‘stakeholder engagement’.
“That document is said by Racing NSWs to appear, on its face, to have been drafted by or with the assistance of a corporate communications or public relations consultancy.
“It has the hallmarks of such an engagement.
“Together, these matters point to Cato & Clive’s possible, if not probable, involvement with one or more of the defendant Principal Racing Authorities, particularly Racing Victoria.”
The documents have to be provided to the court by Monday.
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