Ryan v Bright [1939] HCA 15

62 C.L.R.] OF AUSTRALIA. 95

(HIGH COURT OF AUSTRALIA.]

Hane 5 : s 3 5 4 = . APPELLANT ; PLAINTIFF, AND BRIGHT AND ANOTHER . E < . RespoNDENTS. DEFENDANTS,

ON APPEAL FROM THE SUPREME COURT OF VICTORIA.

Pounds—Impounding of cattle—Hscape of cattle—Recapture by poundkeeper—Fresh H. C. oF A. pursuit—Pounds Act 1928 (Vict.) (No, 3752), secs. 13, 20. 1939.

Ww 'A poundkeeper appointed under the Pounds Act 1928 (Vict.), on discovering etpourne,

that certain impounded cattle were missing from his pound, made an imme- far, 6, 7;

diate search for them and found them three hours later unattended on a road gy 15,

and on inadequately fenced land. He thereupon drove them back to the —§ —— Latham C.J.,

pound, The owner of the cattle sued the poundkeeper for trespass, conver- Rich, Starke'

. é Dixon and sion and detinue. 'Evatt JJ.

Held that such peaceable recapture of the cattle on fresh pursuit and before they had returned to the possession of the owner was justified as against the owner, whose action accordingly failed.

Qucere whether fresh pursuit was essential to the justification of the recap- ture by the poundkeeper.

Decision of the Supreme Court of Victoria (Full Court): Ryan v. Bright, (1938) V.L.R. 260, affirmed,

Apprat from the Supreme Court of Victoria.

The appellant, James Alphonsus Ryan, was the owner of certain cattle which were impounded for trespass damage feasant in the Meeniyan pound in the Woorayl Shire on 8th October 1937 by an officer of the State Savings Bank, who claimed to have found them trespassing on the bank's land. The respondent, William Bright,

H. C. or A. 1939.

Ryan

Bricur.

HIGH COURT (1939, 4

the poundkeeper, received them and held them in the pound until 10th October, when he removed them to another piece of land, which — was treated as part of the pound. On the evening of 11th October the gates of the land where the cattle then were were securely fastened by chains and padlocks, but early next morning the respondent discovered that during the night the chains had been — cut, the gates opened, and the cattle were missing. The respondent — notified the police and began a search for the cattle and about three : hours later found them unattended on a road and on neighbouring private property which was not adequately fenced. He drove the — cattle back to the pound and locked them up again and held them, There was nothing to connect Ryan with the acts of cutting the — chains and letting the cattle out. Ryan thereupon sued Bright and — the president, councillors and ratepayers of the Shire of Woorayl for trespass, damages and conversion. The action was tried in the County Court at Melbourne and judgment was entered for the defendants.