Former Greyhound Racing NSW (GRNSW) Board member David Clarkson has today been unsuccessful in civil proceedings commenced against GRNSW, with his claim for entitlement of $17,305.13 being dismissed in the Downing Centre Local Court and Mr Clarkson being ordered to pay GRNSW’s costs of defending the claim.
On 16 February 2015, following the airing of ABC’s Four Corners program, the NSW Deputy Premier and Minister for Racing, the Hon. Troy Grant, MP, requested that Mr Clarkson and his fellow Board members resign from the GRNSW Board.
On 19 February 2015, in response to the Deputy Premier’s request, the GRNSW Board passed a majority resolution that the GRNSW Board resign and its powers be delegated to an interim Chief Executive, Mr Paul Newson. Mr Clarkson was the only Board member to vote against the resolution and he refused to resign.
On 4 March 2015, as a result of Mr Clarkson’s refusal to act in accordance with the Deputy Premier’s request and the majority resolution, the Deputy Premier withdrew Mr Clarkson’s appointment.
Following this intervention, Mr Clarkson subsequently issued a letter of demand and commenced civil proceedings against GRNSW with the claim for entitlement to be paid of $17,305.13 in remuneration that he would have received had he completed is full term on the Board.
In an ex tempore judgement handed down today, Magistrate Hudson dismissed Mr Clarkson’s application and awarded costs to GRNSW. In arriving at this decision, Magistrate Hudson observed:
• The Deputy Premier had the power to remove Mr Clarkson from the GRNSW board and validly did so on 4 March 2015.
• There was no contract or similar relationship between Mr Clarkson and GRNSW in the terms pleaded by Mr Clarkson.
• Mr Clarkson was entitled to remuneration for work performed only – that is, once he was removed from the GRNSW board, Mr Clarkson was no longer entitled to any remuneration.
GRNSW welcomes the outcome and achieving closure on the legacy of past governance and leadership and can now continue to drive its significant reform of greyhound racing in NSW.
“GRNSW leadership and strategic direction was completely reset from 19 February 2015. GRNSW publicly acknowledged past governance and leadership failures, and a history of insufficient regard for animal welfare and inadequate supervision of the industry. GRNSW has made tremendous progress towards overcoming its disappointing legacy and repositioning greyhound racing for a sustainable future and it is appropriate that Mr Clarkson’s claim for industry money was rejected by the Court,” GRNSW Chief Executive Paul Newson said.
“GRNSW is continuing to drive its significant reform agenda, one that ensures contemporary thinking around animal welfare, integrity and governance is integrated within its commercial and regulatory functions, demonstrated in its policy development and decision making and fundamental to its strategic direction.”
GRNSW will not be making any further public comment on this matter at this time.
