Hanson, John Edward & anor v Commonwealth Director of Quarantine [1984] FCA 369

ADMINISTRATIVE LAW - Judicial Review - Quarantine - Goods ordered into quarantine - Pigeons - Fear of infection with Newcastle disease - Whether birds infected - Whether there existed evidence of opinion of quarantine officer that the goods were likely to be infected - Whether birds 'infected goods' as defined by s.74A(9) of Quarantine Act - Validity of order to destroy birds - Necessity for belief that goods cannot be effectively treated or disinfected - Validity of Minister's consent.

Quarantine Act 1908 ss. 35, 48, 74A Administrative Decisions (Judicial Review) Act 1977 ss. 5, 15,

JOHN EDWARD HANSON AND IRIS HANSON V COMMONWEALTH DIRECTOR OF

QUARANTINE, CHIEF QUARANTINE OFFICER AND ROY EVERETT G.357 OF 1984

WILCOX J 13 NOVEMBER 1984 SYDNEY

IN THE COURT OF AUSTRALIA

NEW SOUTH S DISTRICT REGISTRY GENERAL DIVISION

No. G.357 of 1964

BETWEEN

JOHN EDWARD HANSON First Applicant IRIS HANSON Second Applicant

AND: COMMONWEALTH DIRECTOR OF QUARANTINE

First Respondent CHIEF QUARANTINE OFFICER

Second Respondent ROY EVERETT

Third Respondent

ORDERS CORAM: WILCOX J DATE: 13 NOVEMBER 1984 PLACE: SYDNEY 1. Application for review granted.

2. Order that each of the following decisions:

a) the decision of the third respondent dated 10 October 1984 to order into quarantine 'all birds and associated building and goods on the property of Lot 13, Jensen Road Wyong' ; b) the decision of the second respondent made on 10 October 1984 to order the destruction of the pigeons and poultry on the said property; and c) the seizure order of the third respondent made on 10 October in relation to the pigeons and poultry on the said property; be quashed as from the date of the said decisions. 3. Order that the respondents and each of them refrain from taking any action in relation to the implementation or enforcement of the said decisions or any of them. 4. Order that the respondents pay the costs of the applicants of the Application including the costs of all interlocutory proceedings in relation thereto.