Beetham v Tremearne [1905] HCA 16

Beetham v Tremearne [1905] HCA 16

A notice issued to require cattle to be dipped within seven days does not amount to a permit to travel stock out of the Shire. The by-law requires an owner to obtain a permit before travelling stock out of the Shire, regardless of the owner's intent or the necessity to comply with a dipping order; compliance with one requirement does not excuse breach of the other. The respondent breached the by-law by taking cattle out of the Shire without a travel permit.

Parties
Plaintiff: Beetham; Defendant: Tremearne
Jurisdiction
Australia
Judgment Date
05 June 1905
Procedural Posture
Appeal / On Appeal From the Supreme Court of Queensland
Outcome
Appeal allowed. Order appealed from discharged. Case remitted to justices to convict.
Legal Topics
By Law Construction, Permit Requirements, Tick Pest Control, Reasonableness of Delegation
Local Government Law Administrative Law Criminal Law By Law Construction Permit Requirements Tick Pest Control Reasonableness of Delegation

Case Brief

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Parties

Beetham

Plaintiff

Tremearne

Defendant

Procedural Posture

Appeal / On Appeal From the Supreme Court of Queensland

Legal Issues

  1. 1 Whether a notice to dip cattle amounts to a permit to travel stock out of the Shire under the by-law
  2. 2 Whether travelling stock out of the Shire without a permit in compliance with a dip notice constitutes an offence under the by-law

Ratio Decidendi

A notice issued to require cattle to be dipped within seven days does not amount to a permit to travel stock out of the Shire. The by-law requires an owner to obtain a permit before travelling stock out of the Shire, regardless of the owner's intent or the necessity to comply with a dipping order; compliance with one requirement does not excuse breach of the other. The respondent breached the by-law by taking cattle out of the Shire without a travel permit.

Court Disposition

Appeal allowed. Order appealed from discharged. Case remitted to justices to convict.

Orders

  • Appeal allowed with costs.
  • Order of the Supreme Court set aside and replaced with order to convict the respondent.