Robertson v Dept of Primary Industries and Fisheries & Anor

[2010] QCA 147

Queensland Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Practice and procedure
3. › Queensland
4. › Application for leave to appeal
5. › Strike out of application
6. › Whether application so manifestly untenable as to constitute abuse of process
7. › District Court of Queensland Act 1967 (Qld), s 118(3)
1. Appeal
2. › Appeal on question of law only
3. › Distinction between questions of law and questions of fact
4. › Whether grounds of appeal raised questions of law
5. › Animal Care and Protection Act 2001 (Qld), s 205
1. Animals
2. › Animal welfare
3. › Seizure and forfeiture of animals
4. › Power of inspector to seize
5. › Power of chief executive to forfeit
6. › Effect of forfeiture on property
7. › Transfer of forfeited animals to prescribed entity
8. › Whether transfer prejudices appeal
9. › Animal Care and Protection Act 2001 (Qld), ss 143, 144(1), 152, 154(2)(c), 155, 156, 157, 203, 204

Quick Take

Where dogs are forfeited to the State under s 154(2) of the Animal Care and Protection Act 2001 (Qld), the State's subsequent transfer of the animals to a prescribed entity under s 157(2) is subject to s 157(3) (not prejudicing the outcome of an appeal) and to the Magistrates Court's powers under s 204, so that such a transfer does not invalidate or render pointless an appeal against the forfeiture. An appeal under s 205 of the Act is limited to questions of law, and grounds that merely challenge factual findings or the weight given to evidence do not raise questions of law merely because they assert the Magistrate 'erred in law'.