An ex-racehorse was found to have a bad back, which only became apparent after it was sold to a rider who wanted to use it for eventing. Photo / NZPA
An ex-racehorse was found to have a bad back, which only became apparent after it was sold to a rider who wanted to use it for eventing. Photo / NZPA
The new owners of an ex-racehorse have been awarded $27,390 in compensation after the horse turned out to be a bucking bronco, rather than a reliable eventer.
The issue wasn’t with the 8-year-old Thoroughbred’s temperament, but rather a back injury its previous owner didn’t know it had.
The matter wasbrought to the Disputes Tribunal after the previous owner refused to take the horse back.
The decision, released earlier this year, said the new owners bought the horse in February 2024, after the previous owner had spent “a great deal of time training him for equestrian pursuits after his retirement from racing”.
The horse was found to have back pain caused by a condition called "kissing spine". Photo / NZPA
However, when the new rider took him out for a practice day, the horse reared up six or seven times, bucked and kicked.
This followed ongoing bad behaviour from the horse.
The second time he was ridden, he kicked out at canter on both reins. From time to time, the rider experienced more problems including bucking, rearing up and more aggressive kicking out.
Several vets examined the horse and found he had a condition known as “kissing spine”.
This is an impingement in the thoracic vertebrae which results in back pain while being ridden. Its problematic behaviours while being ridden under saddle were consistent with this type of back pain.
The diagnosis was made following radiographs and palpation of the back, which revealed pain in the thoracic region and gluteal muscles.
Tribunal referee Sara Grayson said the evidence showed it was “highly likely” the congenital condition was there at the time of sale, although it was not clinically evident.
The former owner presented a “considerable amount of evidence” of the horse “performing well” at equestrian events prior to the sale.
“I accept there was no indication of poor behaviour indicating back pain,” Grayson said.
“It is unfortunate the horse appears to have had a latent condition that only became evident after the sale. The vets are unable to explain why this would happen but do acknowledge that [the new owner] is taller and heavier than [the previous rider] and this difference could have aggravated the condition.”
A pre-purchase inspection carried out by a reputable vet had not indicated any back pain.
However, based on the evidence from the latter vet inspections, Grayson was satisfied the horse wasn’t suitable for equestrian eventing because of the pain resulting from the “kissing spine” condition.
While there were some treatments available, there was no guarantee of success and the use of drugs may be prohibited in competitions.
She found the previous owner had made an “innocent misrepresentation” by saying the horse was suitable for eventing.
Section 35 of the Contract and Commercial Law Act 2017 provided that if a party to a contract has been induced to enter into it by a misrepresentation (whether innocent or fraudulent) made by or on behalf of another party to that contract, they can claim compensation from that other party.
The only possible outcome for the new owners was to claim compensation for their losses; the horse could not be returned.
Grayson accepted that because of the nature of “kissing spine”, it was not possible to sell the horse, therefore he had no residual value.
The new owners intended to find a new home for him as a paddock mate.
The new owners were entitled to “a full refund of the $22,500 paid, plus $4890.13 for costs incurred in his care”.
Grayson said the new owners had incurred a considerably larger amount of costs for vet investigations and grazing, therefore the costs claimed were a contribution only.
She also acknowledged that both the previous and new owners had a genuine love of horses and it was “a very upsetting situation”.
“Neither party wants to see [the horse] euthanised. It is most unfortunate that [the horse] is no longer suitable for equestrian eventing.”
HannahBartlettis a Tauranga-based Open Justice reporter at NZME. She previously covered court and local government for the Nelson Mail, and before that was a radio reporter at Newstalk ZB.
