Candy v Thompson

The case of Candy v Thompson was heard in the Supreme Court of New South Wales. The plaintiff, Candy, was keeping a kangaroo on his property. The defendant, Thompson, along with other wildlife rangers, entered Candy's property to retrieve the animal. Candy brought an action for trespass to land, trespass to goods, and for the loss and damage suffered as a result of the removal of the kangaroo. The court was required to determine whether the defendant's entry onto Candy's property constituted trespass to land, whether trespass to goods had been made out, and whether Candy's claimed losses were attributable to the removal of the kangaroo.

The court found that the defendants had not trespassed to land as they had been given implied permission to enter the property by Candy's actions in assisting in the removal of the kangaroo. The court also found that there had been no trespass to goods as the kangaroo was not in Candy's possession at the time of its removal. Furthermore, the court held that Candy had not made out a case of substantial damage as none of the claimed losses were convincingly attributable to the removal of the kangaroo.

In conclusion, the court found in favour of the defendants. The plaintiff's claims for trespass to land, trespass to goods, and for the loss and damage suffered were dismissed. The court ordered judgment for the defendants.