RAKUSAN v COSIER AND ORS [1992] NSWCA 200

RAKUSAN v COSIER AND ORS [1992] NSWCA 200

There was no error in the Magistrate's understanding of the relevant law or in the provision of reasons; the Magistrate's reasons were adequate and satisfied legal requirements, therefore leave to appeal should not be granted.

Parties
Appellant: Rakusan; Respondent: Mr Cosier; Respondent: Mrs Cosier; Respondent: Magistrate (unnamed)
Jurisdiction
Australia
Judgment Date
21 September 1992
Procedural Posture
Application for Leave to Appeal (by Stated Case Under Justices Act) / Application for Leave to Appeal to Supreme Court of NSW (after Decision in Common Law Division)
Outcome
Application for leave to appeal refused; summons dismissed; costs ordered against appellant.
Legal Topics
Judicial Review, Obligation to Give Reasons, Prevention of Cruelty to Animals, Summary Jurisdiction
Administrative Law Criminal Law Judicial Review Obligation to Give Reasons Prevention of Cruelty to Animals Summary Jurisdiction

Case Brief

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Parties

Rakusan

Appellant

Mr Cosier

Respondent

Mrs Cosier

Respondent

Magistrate (unnamed)

Respondent

Procedural Posture

Application for Leave to Appeal (by Stated Case Under Justices Act) / Application for Leave to Appeal to Supreme Court of NSW (after Decision in Common Law Division)

Legal Issues

  1. 1 Whether the Magistrate failed to give adequate reasons for decision under Prevention of Cruelty to Animals Act 1979
  2. 2 Whether leave to appeal should be granted on the issue of obligation of judicial officers to give reasons

Ratio Decidendi

There was no error in the Magistrate's understanding of the relevant law or in the provision of reasons; the Magistrate's reasons were adequate and satisfied legal requirements, therefore leave to appeal should not be granted.

Court Disposition

Application for leave to appeal refused; summons dismissed; costs ordered against appellant.

Orders

  • Summons dismissed.
  • Application for leave to appeal refused.