NSW Caselaw
New South Wales Supreme Court
CITATION : Director General, Department of Primary Industries v McDonald [2007] NSWSC 1500
HEARING DATE(S) : 22 November 2007
JUDGMENT DATE : 22 November 2007
JURISDICTION : Common Law
JUDGMENT OF : Adams J at 1
EX TEMPORE JUDGMENT DATE : 22 November 2007
DECISION : 1. The order of the Local Court directing the Director General of the Department of Primary Industries to take action in relation to the approval for the exhibition of animals by Mr McDonald and the permit for the exhibition of prescribed species by Mr McDonald, is void and of no effect; 2. The defendant is to pay the plaintiff's costs.
CATCHWORDS : Exhibition of animals - periodic permits - effect of renewal of cancelled permits after time of original permit expired - powers of Local Court - no jurisdiction to order new permits.
LEGISLATION CITED : Exhibited Animals Protection Act 1986 ss30, 32, 33 Exhibited Animals Protection Regulation 1995 reg 12
CASES CITED : Tsintris v Roads and Traffic Authority of New South Wales & Anor (1991) 25 NSWLR 68 Tsintris v Roads and Traffic Authority of New South Wales (No 2) unreported, NSWSC, Levine J, 20 August 1993
PARTIES : Director General, Department of Primary Industries (Plaintiff) Bradley John McDONALD (Defendant)
FILE NUMBER(S) : SC 15698/07
COUNSEL : Ms L M Richardson (Plaintiff) Mr J E Lazarus (Defendant)
SOLICITORS : I V Knight (Plaintiff) Conditsis & Associates (Defendant)
LOWER COURT JURISDICTION : Local Court
LOWER COURT JUDICIAL OFFICER : Miszalski LCM
Ex tempore - checked
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