Palmer v Chrisp [1908] HCA 61

612 HIGH COURT (1908.

{HIGH COURT OF AUSTRALIA.

PALMER . £ . $ , : i . APPELLANT; INFORMANT, AND CHRISP. 5 i : F : . RESPONDENT. DEFENDANT,

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

H.C. or A, Pastures Protection Act 1902 (N.S.W.) (No. 111 of 1902), secs, 4, 49—Failure to

1908, destroy rabbits—" Occupier" —" Resident manager "—Evidence—Special leave —) to appeal to High Court. Muxeovrye, ae. An information charging that the defendant as " occupier" of certain land failed to destroy rabbits on the land as provided by sec. 49 of the Pastures erat Protection Act 1902 (N.S. W.) was dismissed, the magistrate holding that the Isaacs JJ. defendant was not an "occupier." There was evidence that the defendant

was a boundary rider charged with the duty of looking after sheep depastur- ing in a paddock of which he was alleged to be the occupier, and of which he had the keys, No one lived in the paddock. On appeal to the Supreme Court, Sly J. held that there was evidence upon which the magistrate could so find, and dismissed the appeal. (Palmer v. Chrisp, 25 W.N. (N.S.W.), 150).

Special leave to appeal to the High Court was refused on the ground that there was no reason to doubt the correctness of the magistrate's decision.

AppLicaTION for special leave to appeal. At the Court of Petty Sessions at Germanton, New South

Wales, an information was heard whereby the informant, Henry Edmond Palmer, charged that John Chrisp, the defendant, being the occupier of certain land within the Pastures Protection District of Hume, a duly proclaimed rabbit infested district, did

7 OLR.) OF AUSTRALIA.

fail fully and continuously to perform his duty as such occupier H. ©. ov A.

from time to time to suppress and destroy by all lawful means and at his own cost, and in accordance with the requirements of the Hume Pastures Protection Board, as specified under the pro- visions of sec. 52 of the Pastwres Protection Act 1902, all rabbits from time to time on such land, contrary to sec. 49 of that Act.