Horses and the Law: the Enduring Legacy of Victoria Park Racing

Cambridge University Press
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Landmarks in Australian Intellectual Property Law, 2009, 1, pp. 53 - 72
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The Victoria Park Racing and Recreation Ground was a popular racecourse in Sydney in the 1930s. Built on an open fairground, the owners erected a.fence around the track to ensure that only ticket buyers could watch the action or place bets on the races. The defendant, Taylor, built a tower that was uS:d by a Mr Angles to peer over the fence and, using a telephone, broadcast descriptions of the races on radio 2UW. In Victoria Park Racing and Recreation Grounds Company v Taylor (Victoria Park Racing),1 both the neighbour and the broadcaster were sued in nuisance and infringement of property rights by the owners of the racecourse. The High Court dismissed the suit but the minority judgment of Evatt··J foreshadowed the potential problems for those mounting spectacles and events with the advent of television on the horizon.
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