Candy v Thompson & Ors

[2006] HCATrans 220

[2006] HCATrans 220

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Brisbane  No B97 of 2005

B e t w e e n -

COLIN CANDY

Applicant

and

BRUCE THOMPSON

First Respondent

MARY STARKY

Second Respondent

JOHN KLEKAR

Third Respondent

KAY KELLY

Fourth Respondent

SONJA GOURLEY

Fifth Respondent

IAN McPHAIL

Sixth Respondent

HON DEAN WELLS

Seventh Respondent

STATE OF QUEENSLAND

Eighth Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 10 MAY 2006, AT 9.20 AM

Copyright in the High Court of Australia

__________________

GUMMOW J:   This application arises out of certain events on 8 March 2001, when officers of the Queensland Parks and Wildlife Service entered the premises of the applicant and removed a red kangaroo which the applicant did not have a licence to keep. 

The Supreme Court of Queensland (Douglas J) dismissed proceedings brought by the applicant for several reasons.  The main reasons were that the officers had not trespassed on the applicant’s premises; that they had removed the kangaroo with the applicant’s consent; and that the applicant did not have lawful possession of the kangaroo because it was a “protected animal” under the Nature Conservation Act 1992 (Qld).

The Court of Appeal (Jerrard JA, Keane JA and Jones J) found no error in Douglas J’s reasoning and dismissed an appeal. 

The applicant has been unrepresented at all stages.

The applicant’s application for special leave to appeal, which was filed out of time and is in various respects vexatious and embarrassing, reveals no ground which has any prospects of success in an appeal.  Leave to extend time is refused and the application is dismissed.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application for special leave.  I publish the disposition signed by Heydon J and myself.

AT 9.21 AM THE MATTER WAS CONCLUDED