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1949 Supreme(Mad) 201

MACDERMOTT, MORTON OF HENRYTON, LORDS PORTER
Lennox Arthur Patrick O’Reilly – Appellant
Versus
Cyril Cuthbert Gittens – Respondent


Advocates:
Sir Walter Monckton, Messrs. Richard Ewes and John Hobson for Appellants.
Sir D. Maxwell Fyfe, Messrs. G.D. Squibb and H.S. Grannum for Respondent.

Judgment

Lord Morton of Henryton.-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 succeeded in part and failed in part.

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 it powers and jurisdiction by the stewards of the club. The respondent is a dental surgeon and an owner and trainer of race horses. 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is issued subject to the rules, regulations and resolutions of the Trinidad Turf Club for the time being and may be withdrawn or suspended by the stewards of that club in their absolute discretion; and such withdrawal or suspension may be published in any local newspaper or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.”

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 t
















































































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