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IN THE RACING APPEALS TRIBUNAL

ANTHONY CUMMINGS - Appellant
v
RACING NEW SOUTH WALES - Respondent

APPLICATION BY THE APPELLANT FOR LEAVE TO WITHDRAW APPEAL

1. On 14 February 2025 I made an order refusing an application by the Appellant for a stay, pending the hearing of his appeal, of the decision made by the Respondent to cancel his licence pursuant to s 14(1) of the Thoroughbred Racing Act 1996 (NSW). My reasons for making that order were provided to the parties on 17 February 2025, at which time I set a timetable for the filing of evidence in relation to the appeal. That timetable required the Appellant to file evidence and submissions by 3 March 2025.

2. On 4 March 2025 I was advised that the Appellant now seeks leave to withdraw his appeal. That application is not opposed by the Respondent.

3. The requirement for leave is imposed by cl 19 of the Racing Appeals Tribunal Regulation 2024 (NSW), which is silent on the matters which should be taken into account. However, there is no reason not to grant leave in circumstances where there is no opposition by the Respondent to that course being taken.

4. Accordingly, I make the following orders:

1. Pursuant to cl 19 of the Racing Appeals Tribunal Regulation 2024 (NSW) leave is granted to the Appellant to withdraw his appeal.

2. The appeal is withdrawn and dismissed.

3. The decision of the Respondent to cancel the Appellant’s licence is confirmed.

- THE HONOURABLE G.J. BELLEW SC (4 March 2025)