Rae v Simmons [1910] HCA 38

Rae v Simmons [1910] HCA 38

The requirement to destroy rabbits and noxious animals on roads under Board requirements does not, in the absence of council objection or proven conflict, preclude enforcement against the occupier; thus, the Board may compel compliance and the previous decision was upheld.

Parties
Appellant: James Walter Rae; Respondent: Charles Simmons
Jurisdiction
Australia
Judgment Date
24 August 1910
Procedural Posture
Application for Special Leave to Appeal / Application for Special Leave to Appeal From Supreme Court of New South Wales
Outcome
Application for special leave to appeal refused
Legal Topics
Pastures Protection Act 1902, Local Government Act 1906, Destruction of Rabbits on Roads, Powers of Pastures Protection Board
Administrative Law Local Government Law Pastures Protection Act 1902 Local Government Act 1906 Destruction of Rabbits on Roads Powers of Pastures Protection Board

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Parties

James Walter Rae

Appellant

Charles Simmons

Respondent

Procedural Posture

Application for Special Leave to Appeal / Application for Special Leave to Appeal From Supreme Court of New South Wales

Legal Issues

  1. 1 Whether sec. 49 of the Pastures Protection Act 1902 conflicts with sec. 75 of the Local Government Act 1906 regarding destruction of rabbits and noxious animals on roads under council control
  2. 2 Whether the Board can compel an occupier to comply with its requirements when this may interfere with council's powers over roads

Ratio Decidendi

The requirement to destroy rabbits and noxious animals on roads under Board requirements does not, in the absence of council objection or proven conflict, preclude enforcement against the occupier; thus, the Board may compel compliance and the previous decision was upheld.

Court Disposition

Application for special leave to appeal refused

Orders

  • Application refused