Challenge to throughbred breeding practices fails

Former bookmaker in addition to Sydney Turf Club chairman Bruce McHugh has lost his multimillion-dollar challenge to the Australian thoroughbred industry’s insistence on alive embrace of mares.

Australian federal courtroom judge, Justice Alan Robertson, handed downward his 375-page judgment yesterday inward the case, which was heard during a six-week trial slow concluding year.

McHugh, i time Australia’s biggest bookmaker, took on the Australian Racing Board, the Australian Stud Book, Thoroughbred Breeders Australia, the Victoria Racing Club in addition to the Australian Turf Club over the ban on the registration of thoroughbreds produced past times artificial insemination – a practise allowed inward the standardbred manufacture precisely non inside the thoroughbred ranks.

McHugh, represented inward the representative past times Ian Tonking, argued inward the representative that the ban on artificial insemination meant powerful interests maintained a stranglehold on the lucrative racing industry.

He argued that allowing artificially bred horses to race would growth contest in addition to brand the manufacture to a greater extent than affordable to smaller breeders.

Thoroughbred jurisdictions to a greater extent than or less the seat down accept built upwards a multibillion-dollar breeding manufacture based on the requirement for alive cover.

Desirable stallions ascendancy high service fees – upwards to $A200,000 inward Commonwealth of Australia – in addition to some go the globe every bit shuttle stallions, serving mares inward several countries each year.

McHugh argued the restriction on artificial insemination represented a restraint of merchandise in addition to breached department 45 of the Competition in addition to Consumer Act.

Justice Robertson found that McHugh had failed to exhibit the AI ban,  introduced inward the 1940s to preclude the attribution of wrong paternity to a thoroughbred horse, represented a restraint of trade.

McHugh also failed to satisfy the estimate that the AI dominion had substantially lessened competition, which is the exam nether the Competition in addition to Consumer Act.

Had McHugh won the case, Commonwealth of Australia would accept snuff it the exclusively terra firma inward the seat down to permit artificial insemination of thoroughbreds. H5N1 win would probable accept triggered similar challenges inward other racing jurisdictions.

Australian Racing Board chairman Michael Duffy welcomed the decision.

“The ARB has maintained throughout that naturally bred thoroughbreds were the seat down of the domestic in addition to international sport of racing in addition to AI proponents were gratis to found their ain manufacture every bit they wished.

“The long-running representative has created an chemical component of doubtfulness inward the manufacture which volition elevator next this decision.”

The total judgment tin last read here.

 

 

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