High Court of Australia
24 C.L.R.] OF AUSTRALIA. 21
Backhouse v. Moderana (1); Johansen v. City Mutual Life Assurance ¥- C. oF A. Society (2) ; Norton v. Taylor (3) ). There are special circumstances satay
w in this case justifying the grant of special leave. The defendant was Russexx. entitled to appeal as of right (Judiciary Act 1903-1915, sec. 35). Ruserrn. The slip or mistake of his solicitor in failing to give notice of appeal within the time prescribed by the Rules of the High Court 1911, Part II., Sec. III., r. 5 (1), should not deprive the defendant of an appeal. Delph Singh v. Karbowsky (4) is an authority for the grant of special leave in the present case. [He also referred to the Rules of the High Court 1911, Part I., Order LII., r. 6.] Isaacs J. The majority of the Court think that the leave to appeal ought to be granted. Special leave to appeal granted. Solicitors for the applicant, Durston & Ackland. (1) 1 G.LR., 675. (3) 2 CL (2) 2 CLR. (4) 18 ©. {HIGH COURT OF AUSTRALIA.] BROOKS no tats 4 - . : : APPELLANT ; INFORMANT, AND KENNEDY. '" : 5 : : RESPONDENT. DrrENDANT, H. C. or A. ON APPEAL FROM THE SUPREME COURT OF 1917. NEW SOUTH WALES. a SYDNEY,
Pastures Protection—Destruction of rabbits and noxious animals—Duty of owner Dec. 4. when not occupier to destroy—Pastures Protection Act 1912 (N.S.W.) (No. 35 Sarkis ieance of 1912), secs. 4, 58, 59, 61-64. 'and Rich JJ.
HIGH COURT [1917
Sec. 58 of the Pastures Protection Act 1912 provides that " It shall be duty of the owner or occupier respectively of any land from time to time t suppress and destroy, by all lawful means, at his own cost, and in accordance with the requirements of the" Pastures Protection " Board as spe under the provisions of sec. 61 of this Act all rabbits and noxious an which may from time to time be upon such land, or upon any roads bound or intersecting the same, or any part thereof. Any such owner or occupier who fails to fully and continuously perform such duty as aforesaid shall b liable to a penalty" &c. Sec. 61 provides that "A Board may, by notice in the Gazelte, specify—(a) the date or dates . . . on or before which the owners or occupiers of all or any lands within the district shall respectively commence the work of suppressing and destroying rabbits and noxious animals on such lands, or upon any roads bounding or intersecting the same; and (5) the period or periods during which the said work shall bi
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