TBA welcomes the High Court's decision to deny Bruce McHugh leave to appeal the Artificial Insemination (AI) case.

Thoroughbred Breeders Australia welcomes the High Court's decision to deny Bruce McHugh leave to appeal the Artificial Insemination (AI) case.

Today's decision brings to an end proceedings which have gone on for more than five years and means Mr McHugh has now exhausted all legal challenges to the rule barring the use of AI in horses registered as Thoroughbreds.

Had Mr McHugh been successful in getting the ban on AI overturned, the Australian breeding industry faced the prospect of being ostracised on the world stage, with the possibility that horses bred domestically would have been barred from competing overseas or being recognised as Thoroughbreds in other jurisdictions.

"This is a very important day for Australian breeders and we're delighted with the court's ruling," said Basil Nolan, President of Thoroughbred Breeders Australia.

"Hopefully we don't have to go through this again, all it does is cost everybody money. I can't believe somebody who has got so much out racing (McHugh) would put the racing industry to this expense. Thankfully we can now move on without this cloud hanging over us."

Today's decision upholds the findings of the Federal Court, that the ban on artificially bred horses is not anti-competitive or a restraint on trade. There has long been an international agreement to ban racehorses being bred using AI.

"If we lost this case Australia would have been a pariah state in world racing, with our horses unable to race internationally or be recognised by breeders overseas. In an increasingly globalised industry this would have been incredibly damaging," said Tom Reilly, Chief Executive Officer of Thoroughbred Breeders Australia.

"I'm sure people involved in the sport around the world would have been watching today's result closely and it will certainly give people confidence to invest in the Australian breeding industry.

The court's decision means Mr McHugh has been unsuccessful at every step of his legal challenge, which began in 2009. Costs have been awarded to the respondents in the case.

Mr Nolan added: "I would like to thank the Australian Stud Book, the Australian Racing Board and our lawyers, Esplins, for their handling of the case."


For further information contact:

TBA CEO - Tom Reilly 0423 146 334