RANDWICK CITY COUNCIL v FULLER [1996] NSWCA 444

RANDWICK CITY COUNCIL v FULLER SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

HANDLEY, MEAGHER and POWELL JJA 7 May 1996, 7 May 1996

[1996] NSWCA 444

Local Government — regulation of animals Animals — regulation for public and private welfare Appeal and new trial — discretion of trial judge — injunction

LOCAL GOVERNMENT — regulation of animals. ANIMALS — regulation for public and private welfare. APPEAL AND NEW TRIAL — discretion of trial judge — injunction.

The Council, in exercise of its powers under Local Government Act 1919 s289(e), which relevantly permits a council to control and regulate the keeping of animals on premises, resolved to restrict the number of cats kept at the respondent's premises to four. The respondent did not comply with the order. Council then commenced proceedings before the Land and Environment Court for an injunction to enforce the order. The Judge, in exercising his discretion, held that the hardship that would be suffered by the respondent outweighed that suffered by neighbours and the community and refused the injunction.

HELD: Upholding the appeal: (1) The Council had validly exercised its power; (2) The refusal of an injunction would result in the continuance of illegal conduct; (3) There was no basis on which the Court could properly refuse to grant an injunction to restrain gross and continuing disobedience of the Council's order.

Handley JA

This is an appeal by the Randwick Council from a decision of Bignold J in the Land and Environment Court who dismissed its application for an injunction to enforce an order made by the council under s289(e) of the Local Government Act 1919. This power relevantly permitted a council to control and regulate the keeping of animals on premises and, in particular, cats.

In exercise of this power, the Council resolved on 22 October 1992: