High Court denies A.I. Appeal

The Australian Racing Board has welcomed Friday’s High Court decision to deny Bruce McHugh Leave to Appeal in the Artificial Insemination case.

There is no further avenue open to Mr McHugh and the case is now concluded.

The High Court ruling upholds the Federal Court’s findings that the ARB rules banning artificially bred horses were not anti-competitive nor a restraint of trade.

ARB chief Peter McGauran said there was a tangible sense of relief in breeding and racing that four years of uncertainty had now ended.  “We would have been reduced to a small and insular domestic industry with A.I.,” he declared.  “The major racing jurisdictions around the world gave evidence that our black type would not be recognized and exports refused.

“Naturally such exclusion would have been to our great disadvantage.

“Australia is the second largest racing nation after America and plays a major role internationally.  We provide many of the world’s best jockeys, stewards, administrators and horses,” McGauran said.  “The decision removes any doubt about the industry’s future and provides certainty.”

Costs have previously been awarded to the ARB which will now seek to recover them from Mr McHugh as they are industry funds which should be returned to stakeholders.