Brooks v Kennedy [1917] HCA 65

Brooks v Kennedy [1917] HCA 65

The duty created by sec. 58 of the Pastures Protection Act 1912 (N.S.W.) extends to the owner of land regardless of occupation; the Board, acting in accordance with sec. 61, may enforce this duty by notice and, upon non-performance, may prosecute the owner, as occurred here.

Parties
Informant (appellant): Canute Brooks; Defendant (respondent): Kenneth Kennedy
Jurisdiction
Australia
Judgment Date
04 December 1917
Procedural Posture
Appeal From Supreme Court of New South Wales / Judgment on Appeal to High Court Following Special Leave
Outcome
Appeal allowed. Supreme Court order discharged; question answered in negative.
Legal Topics
Duty to Destroy Rabbits and Noxious Animals Under Pastures Protection Act 1912 (n.s.w.), Liability of Land Owners Vs Occupiers, Validity and Effect of Board Notices Under Sec. 61, Interpretation of 'owner' and 'occupier'
Statutory Interpretation Administrative Law Environmental Law Duty to Destroy Rabbits and Noxious Animals Under Pastures Protection Act 1912 (n.s.w.) Liability of Land Owners Vs Occupiers Validity and Effect of Board Notices Under Sec. 61 Interpretation of 'owner' and 'occupier'

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Parties

Canute Brooks

Informant (appellant)

Kenneth Kennedy

Defendant (respondent)

Procedural Posture

Appeal From Supreme Court of New South Wales / Judgment on Appeal to High Court Following Special Leave

Legal Issues

  1. 1 Whether sec. 58 of the Pastures Protection Act 1912 (N.S.W.) imposes a duty on land owners who are not occupiers to destroy rabbits and noxious animals
  2. 2 If prosecution and penalty are valid against owner not in occupation when Board issued general notice

Ratio Decidendi

The duty created by sec. 58 of the Pastures Protection Act 1912 (N.S.W.) extends to the owner of land regardless of occupation; the Board, acting in accordance with sec. 61, may enforce this duty by notice and, upon non-performance, may prosecute the owner, as occurred here.

Court Disposition

Appeal allowed. Supreme Court order discharged; question answered in negative.

Orders

  • Conviction and fine against respondent reinstated.
  • Respondent to pay costs of appeal.