Bransgrove v Hunters Hill Council [2024] NSWSC 1683

Supreme Court New South Wales

Medium Neutral Citation: Bransgrove v Hunters Hill Council [2024] NSWSC 1683 Hearing dates: 31 December 2024 Date of orders: 31 December 2024 Decision date: 31 December 2024 Jurisdiction: Common Law - Administrative Law Before: Cavanagh J Decision: (1) Noting the undertaking of the defendant, the defendant is restrained from destroying the plaintiff's dog 'Solo' until further order of this Court or the Local Court. (2) Order 1 will only remain in place until 14 February 2025, provided that if the plaintiff has commenced proceedings in the Local Court by that time order 1 will remain in place until further order of this Court or the Local Court. (3) The proceedings are otherwise dismissed. (4) Until such time that the dog is released, or the defendant is permitted to destroy the dog, the defendant may keep the dog at any premises it sees fit without informing the plaintiff of where the dog is being kept. (5) The solicitor for the plaintiff must not disclose where the dog is being kept to the plaintiff. Catchwords: ANIMALS – application under the Companion Animals Act 1998 (NSW) – interlocutory relief – whether dangerous dog declaration valid – whether procedural fairness afforded in making declaration. Legislation Cited: Companion Animals Act 1998 (NSW), ss 34, 51 Companion Animals Regulation 1998 (NSW), reg 32 Supreme Court Act 1970 (NSW), s 69 Category: Procedural rulings Parties: Trevor Bransgrove (Plaintiff) Hunters Hill Council (Defendant) Representation: Counsel: S Berveling (Defendant)