NSW Caselaw
New South Wales Court of Appeal
CITATION: Oliver v Simshauser [2005] NSWCA 262
HEARING DATE(S): 28/06/2005
JUDGMENT DATE: 12 August 2005
JUDGMENT OF: Beazley JA at 1; Ipp JA at 2; Bryson JA at 3
DECISION: Appeal dismissed with costs.
CATCHWORDS: STOCK - branding and earmarking of cattle - Hormonal Growth Promotant HGP - four prosecutions against auctioneer relating to sale of stock treated with HGP without tags failed for lack of identification of stock in sale with stock to which evidence of HGP treatment related - charges under Stock Medicines Act 1989 s 46 (wilfully contravene order) and Stock Diseases (General) Regulation cl 16A (sell stock not identified as prescribed) failed for lack of proof of approval by Director General of type and specification of transaction identifiers - charge under SD(G) Reg cl 16G (sell stock knowing transaction identifiers removed) failed for lack of proof of participation of auctioneer in removal - charge under Stock (Chemical Residues) Act 1975 s 12D(2)(b) failed for lack of proof that auctioneer gave false or misleading information - decision of Dowd J on appeal under Justices Act 1902 s. 102 (4) affirmed.
Justices Act 1902 Stock (Chemical Residues) Act 1975 LEGISLATION CITED: Stock Diseases Act 1923 Stock Diseases (General) Regulation 1997 Stock Medicines Act 1989
Keith William Oliver Appellant PARTIES: Scott Simshauser Respondent
FILE NUMBER(S): CA 40795/2004
Mr M W Anderson Appellant COUNSEL: Mr A J Bellanto QC with Dr B Glennon Respondent
I V Knight Appellant SOLICITORS: Bell & Johnson Respondent
LOWER COURT JURISDICTION: Supreme Court
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