LENNOX ARTHUR PATRICK OREILLY Vs. CYRIL CUTHBERT GITTENS

JUDGEMENT

(1.) This appeal and cross-appeal arise out of an action, brought by Dr. Cyril Cuthbert Gittens (hereafter called the respondent) as plaintiff against the appellants, which succeeds, in part and failed in part.

(2.) The appellants were at all material times the stewards of the Trinidad Turf Club. That club is the recognised turf authority in the Colony of Trinidad and Tobago, and exercises its powers and jurisdiction by the stewards of the club. The respondent is a dental surgeon and an owner and trainer of racehorses. At all material times the respondent held a trainer's licence which expressly provided as follows : "This licence is issued subject to the rules, regulations and resolutions of the Trinidad Turf Club for the time being and may be withdrawn or suspended by the stewards of that club in their absolute discretion, and such withdrawal or suspension may be published in any local newspaper or newspapers, for any reason which may seem proper to such Stewards, and they should not be bound to state their reasons.'

(3.) The respondent entered a horse called "Tommy Boy," owned and trained by himself, in certain races at a meeting held by the Tobago Race Club, under the authority of the Trinidad Turf Club, in the spring of 1944. All entries for the said races were made "subject to the rules and regulations of the Trinidad Turf Club." "Tommy Boy" won the first and fifth races on the second day of the meeting, namely, 4 March.