Fox v Heffernan [2019] NSWCATAD 217

Fox v Heffernan [2019] NSWCATAD 217

The charge of $270.00 was excessive because (a) the sum for feed and water exceeded expenses actually incurred (to be fixed at $8.00, not $30.00), and (b) the sum for time/labour exceeded reasonable rates for time lost by the respondents (to be fixed at $105.00 for Mr Heffernan and $90.00 for Mrs Heffernan). Therefore, the proper amount recoverable by the respondents was $203.00 and a refund of $67.00 was ordered.

Parties
Applicant: Catherine Eileen Fox; First Respondent: Craig Patrick Heffernan; Second Respondent: Jenifer Heffernan
Jurisdiction
Australia
Judgment Date
22 October 2019
Procedural Posture
Administrative Review / Decision on the Papers
Outcome
The Tribunal set aside the respondents' decision to fix a $270.00 impounding charge and substituted a charge of $203.00; respondents ordered to refund $67.00 to applicant.
Legal Topics
Impounding Charges, Review of Administrative Decision, Trespass by Animals, Appropriate Charges Under Impounding Act
Administrative Law Impounding Charges Review of Administrative Decision Trespass by Animals Appropriate Charges Under Impounding Act

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Parties

Catherine Eileen Fox

Applicant

Craig Patrick Heffernan

First Respondent

Jenifer Heffernan

Second Respondent

Procedural Posture

Administrative Review / Decision on the Papers

Legal Issues

  1. 1 Were the fees and charges for impounding the applicant's heifer improperly charged, incorrectly calculated, or excessive under s 38(2) of the Impounding Act 1993?

Ratio Decidendi

The charge of $270.00 was excessive because (a) the sum for feed and water exceeded expenses actually incurred (to be fixed at $8.00, not $30.00), and (b) the sum for time/labour exceeded reasonable rates for time lost by the respondents (to be fixed at $105.00 for Mr Heffernan and $90.00 for Mrs Heffernan). Therefore, the proper amount recoverable by the respondents was $203.00 and a refund of $67.00 was ordered.

Court Disposition

The Tribunal set aside the respondents' decision to fix a $270.00 impounding charge and substituted a charge of $203.00; respondents ordered to refund $67.00 to applicant.

Orders

  • The Tribunal dispenses with a hearing pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013.
  • The Tribunal sets aside the decision made by the respondents to fix $270.00 as an appropriate charge under s 13(2) of the Impounding Act and determines the appropriate charge as $203.00.