Northern Territory v Mengel [1995] HCA 65

High Court of Australia Mason CJ Brennan, Deane, Dawson, Toohey, Gaudron and McHugh JJ Northern Territory v Mengel [1995] HCA 65

ORDER Appeal allowed. Set aside the orders of the Court of Appeal of the Northern Territory, other than those relating to costs. In lieu thereof, order that the appeal be allowed, the cross-appeal be dismissed, the orders of Asche CJ be set aside, other than those relating to costs, and a verdict be entered for the defendants.

Cur adv vult

The following written judgments were delivered:—

19 April 1995 Mason CJ, Dawson, Toohey, Gaudron and McHugh JJ.

The respondents own two cattle stations in the Northern Territory, Neutral Junction which members of the Mengel family acquired in 1962 and Banka Banka Station which was purchased in 1987. Banka Banka is approximately 200 km north of Neutral Junction and has a slightly higher rainfall. One of the reasons for its purchase was so that cattle could be moved there from Neutral Junction during drought.

The respondents (who can conveniently be referred to as "the Mengels") purchased Banka Banka for approximately $3 million, financing its purchase with a bank loan. They intended to repay $1 million of that loan from the sale of cattle by the end of the 1988 season. However, they were not able to fully realise their selling plans and suffered loss because of action taken by two employees of the Northern Territory Department of Primary Industry and Fisheries (the Department), namely, Mr Baker, a stock inspector, and Mr Tabrett, Acting Chief Veterinary Officer and Chief Inspector of Stock for the Northern Territory (the Inspectors). It is now clear that there was no statutory or other authority for the acts of the Inspectors notwithstanding that they were furthering the aims of a government-sponsored campaign to eradicate bovine brucellosis and tuberculosis (the campaign).