The controversy over who Nash Rawiller will ride in Saturday's $1.5 million Doncaster Mile has deepened with Gai Waterhouse taking the matter to the Supreme Court.Racing NSW chief executive Peter V'Landys confirmed his organisation had been served with a summons to appear before the equity division of the Supreme Court on Thursday afternoon.Rawiller and Chris Waller, trainer of Rangirangdoo, have been named as the other defendants."It (the summons) asks for the stewards' order to be set aside an

The controversy over who Nash Rawiller will ride in Saturday's $1.5 million Doncaster Mile has deepened with Gai Waterhouse taking the matter to the Supreme Court.

Racing NSW chief executive Peter V'Landys confirmed his organisation had been served with a summons to appear before the equity division of the Supreme Court on Thursday afternoon.

Rawiller and Chris Waller, trainer of Rangirangdoo, have been named as the other defendants.

"It (the summons) asks for the stewards' order to be set aside and for Nash Rawiller to be restrained from riding a horse other than Theseo as she (Waterhouse) believes there is a contract between her and Nash," V'Landys said.

The jockey tug of war began on Monday when Waterhouse warmed to the idea of running Theseo in the Doncaster Mile (1600m) at Randwick.

Rawiller, who is stable rider for Waterhouse, had been booked to partner Rangirangdoo in the feature but Waterhouse believed he had a commitment to ride Theseo throughout his autumn campaign.

Stewards were asked to adjudicate and found that Rawiller and Waller were entitled to believe Theseo was not running in the Doncaster and that his booking for Rangirangdoo must stand.

Waterhouse then made application to appeal that finding.

The matter appeared to be over on Wednesday when she was advised that the principal member of the Racing NSW Appeal Panel, John Hiatt, had looked into the unique case and found she did not have grounds to appeal the decision of the stewards under the Rules Of Racing.

But in a further twist, Waterhouse then sought further legal advice and decided to take the case to a higher level.

Speaking at Canterbury races on Wednesday, Waterhouse was adamant Rawiller had an obligation to ride Theseo in whatever races he contested this autumn.

"He's always on the horse and always booked for the horse," Waterhouse said.

"He was booked from day one. I told him as we got closer (to the race) we would make up our mind."

Champion Hong Kong-based jockey Darren Beadman remains on standby to partner Theseo in the Doncaster should Waterhouse lose her case in the Supreme Court.

Rangirangdoo will be one of three runners for Waller along with second favourite Danleigh and 2008 Doncaster winner Triple Honour.

Anthony Cummings will also have three starters after first emergency Recoup De Fortune gained a berth following Wednesday's scratching of Walking Or Dancing due to a stone bruise.

Cummings already has Road To Rock and Prima Nova safely in the field.

Road To Rock is rated the pick of his trio at $23 with Prima Nova at $41 and Recoup De Fortune an $81 outsider.

Despite the odds, Cummings believes Recoup De Fortune's on-tempo racing pattern gives him a cheeky chance.

"We've been really pleased with his last couple of runs, he's on the upward incline so hopefully he takes that extra step on Saturday," Cummings said.

Apprentice Brenton Avdulla has retained the ride on Recoup De Fortune while fellow junior rider Daniel Ganderton partners Prima Nova.

Damien Oliver will be aboard Road To Rock.