Commissioner of Police, NSW Police Force and State of NSW v Denny; Commissioner of Police, NSW Police Force and State of NSW v Power; Commissioner of Police, NSW Police Force and State of NSW v Targett; Commissioner of Police, NSW Police Force and State of NSW v Clarke; Denny v Commissioner of Police, NSW Police Force and State of NSW; Targett v Commissioner of Police, NSW Police Force and State of NSW; Power v Commissioner of Police, NSW Police Force and State of NSW; Clarke v Commissioner of Police, NSW Police Force and State of NSW [2019] NSWCATAP 280

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Commissioner of Police, NSW Police Force and State of NSW v Denny; Commissioner of Police, NSW Police Force and State of NSW v Power; Commissioner of Police, NSW Police Force and State of NSW v Targett; Commissioner of Police, NSW Police Force and State of NSW v Clarke; Denny v Commissioner of Police, NSW Police Force and State of NSW; Targett v Commissioner of Police, NSW Police Force and State of NSW; Power v Commissioner of Police, NSW Police Force and State of NSW; Clarke v Commissioner of Police, NSW Police Force and State of NSW [2019] NSWCATAP 280 Hearing dates: 24 May 2019 and written submissions 21 June 2019 Date of orders: 22 November 2019 Decision date: 22 November 2019 Jurisdiction: Appeal Panel Before: Cole DCJ Deputy President, L Pearson, Principal Member Decision: (1) The appeals by the applicants against the decision of the Tribunal at first instance that the decision of the impounding authority to impound the animals and articles was lawful and is affirmed are dismissed. (2) The Crown parties' appeals against the decision of the Tribunal at first instance that the decision of the impounding authority to impose charges in relation to the care of the horses such as drenching, manes clipping, trimming of hooves and veterinary care of the horses for the release of the impounded horses should be varied are allowed. (3) The Crown parties' appeal in relation to the decision by the Tribunal at first instance to vary the decision of the impounding authority to impose a charge on the release of the stockyards to Mr Targett is dismissed. (4) The time within which Janice Denny, Garry Targett, Jamie Power and Sue-Anne Clarke may make an application for the administrative review of the impounding decisions which resulted in the impounding of animals and articles at Candelo NSW on 11 and 12 December 2017 is extended to 23 May 2018. (5) The orders of the Tribunal at first instance are set aside, and the following orders are substituted: In matter 2018/00161488 (Denny v Commissioner of Police, NSW Police Force) (6) The decision to impound the animals and articles was lawful and is affirmed. (7) The decision to impose fees and charges for the release of the impounded animals is affirmed. In matter 2018/00161629 (Targett v Commissioner of Police, NSW Police Force) (8) The decision to impound the animals and articles was lawful and is affirmed. (9) The decision to impose fees and charges for the release of the impounded animals is affirmed. (10) The decision to impose a charge for the removal and storage of the stockyards is reversed. The stockyards are to be released to Mr Targett without charge. In matter 2018/00161523 (Power v Commissioner of Police, NSW Police Force) (11) The decision to impound the animals and articles was lawful and is affirmed. (12) The decision to impose fees and charges for the release of the impounded animals is affirmed. In matter 2018/00161619 (Clarke v Commissioner of Police, NSW Police Force) (13) The decision to impound the animals and articles was lawful and is affirmed. (14) The decision to impose fees and charges for the release of the impounded animals is affirmed. Costs (15) Any application for costs must be filed and served within 14 days of the publication of this decision, together with written submissions in support of that application. Any application for costs must be accompanied by written submissions on the question of whether a hearing on the question of costs may be dispensed with under s 50(2) of the Civil and Administrative Tribunal Act 2013 on the basis that the question of costs can be adequately determined in the absence of the parties by considering the written submissions on costs. (16) Any response to any application for costs must be filed and served within 14 days of the date of the filing of the application for costs, together with written submissions in support of that response. Any response must be accompanied by written submissions on the question of whether a hearing on the question of costs may be dispensed with under s 50(2) of the Civil and Administrative Tribunal Act 2013 on the basis that the question of costs can be adequately determined in the absence of the parties by considering the written submissions on costs. (17) Any reply to the response to any application for costs must be filed within 7 days of the date of the filing of the application for costs. Catchwords: APPEAL – correct and preferable decision – was impounding of items unlawful - Impounding fees and charges Legislation Cited: Impounding Act 1993 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Administrative Decisions Review Act 1997 (NSW) Category: Principal judgment Parties: Proceedings AP 19/07959 Janice Louise Denny (Appellant) Commissioner of Police, NSW Police Force and State of NSW (Respondent)