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29.
X-Ray Dispute Goes To Court
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11/04/2002 |
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The controversial issue of yearling sale x-rays may well be determined by the outcome of a case to be presented to the Federal Court in Brisbane next month.
The x-raying of yearlings before and after they are offered for sale came to a head at this month’s Australian Easter Yearling Sale after much debate between breeders, their clients and auctioneers William Inglis and Son.
While private agreements were reached between some major vendors and clients, sale companies are yet to officially request vendors provide x-rays of their drafts for examination by potential buyers before they enter the sale ring.
With such a critical question hanging over the industry, sale companies and breeders will anxiously await the outcome of the case to be heard by the Federal Court in Brisbane next month.
The test case has been brought by Emirates Park Pty Ltd of NSW against Ramsey Pastoral Company, breeders of the Octagonal colt bought by Emirates for $400,000 at the Magic Millions sale at the Gold Coast in January.
An x-ray taken four days after the sale showed the colt had a career-threatening cyst on a stifle.
The yearling was offered as part of the draft from Queensland’s Bahram Stud as agent for Ramsey Pastoral Company, which has refused to take back the colt and refund the money.
Emirates Park is suing on the grounds that the injury will need surgery and could result prevent the horse from racing.
A similar dispute surfaced after the Easter sale at Newmarket when post-sale x-rays showed the Danehill-Verocative colt purchased by Eduardo Cojuangco's Gooree Pastoral Company for $1.4 million to have a similar condition.
Gooree was able to cancel the purchase as it had made a private pre-sale agreement with the vendor Highgrove Stud that the sale would go ahead only if the yearling passed an x-ray.
It is anticipated that if next month's court action by Emirates is successful, vendors and auctioneers will be forced to make dramatic changes to their sale practices.
The expected developments include the establishment by sale companies of depositories for breeders to submit x-rays for examination by potential buyers before major sales.
Vendors may not be forced to display x-rays, but those that don’t may find big spending buyers overlooking their horses in the sale ring.
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