Twice suspended from Avondale Jockey Club committee following complaints he was not acting in the Club’s best interests, Vince Middeldorp gained a High Court ruling that the committee had no power to suspend. It was a hollow victory. Mr Middeldorp was left without a remedy; his own behaviour counted against him and he should pay Jockey Club legal costs, Justice Gordon ruled.
Sitting on land in west Auckland potentially valued at $250 million, Avondale has struggled financially for the last three decades. Racing industry plans will see the course close in 2024, with Avondale Jockey Club racing at Ellerslie.
The High Court was told Mr Middeldorp has been a member of Avondale since 1982 and on the committee since 2013. The committee sought advice in 2014 from United Kingdom consultants: Turnberry Consulting. Its initial report received lukewarm support from the committee; it was strongly opposed by Mr Middeldorp. Online posts followed. Under the alias ‘klinger’, these posts criticised the Turnberry proposals and the national association: NZ Throughbred Racing. Disclosure in blog posts of information confidential to the committee saw suspicion fall on Mr Middeldorp. He never admitted authorship, until the High Court trial where he acknowledged he was ‘klinger’.
The committee banned Mr Middledorp from committee meetings for a period in November 2016 (after he publically questioned the honesty of a Turnberry consultant) and again in December 2017 (after he sent to Clubmembers ahead of the annual meeting an anonymous ‘letter of concern’ purporting to be from ‘concerned members’. It was not from members, it was from a single member: Mr Middeldorp).
The High Court later ruled Jockey Club rules did not give the committee power to suspend its members. Refusing a remedy, Justice Gordon said Mr Middeldorp had not been seriously prejudiced: his livelihood had not been affected; he delayed taking any legal action; and Mr Middeldorp chose to make public what was a confidential move by the committee to temporarily suspend him.
Mr Middeldorp also alleged the committee did not act in good faith when it declined membership applications in 2017 for fourteen applicants. The High Court was told of committee concerns that the co-ordinated applications were a concerted effort to promote horse trainers into the Club who would then call for a special general meeting to reverse decisions made earlier to close training facilities. Mr Middeldorp had cross-nominated many of the applicants. He is also a trainer. Justice Gordon ruled the committee acted properly in writing to each applicant asking for their reasons in wishing to join, then refusing those applications where no reply was received.
Middeldorp v. Avondale Jockey Club Incorporated – High Court (26.04.19)
19.078