Clare & Gilbert Valleys Council v Crawford - [2005] SADC 135

DISTRICT COURT OF SOUTH AUSTRALIA
(District Court Administrative Appeals Tribunal)
CLARE & GILBERT VALLEYS COUNCIL v CRAWFORD
Reasons for Decision of His Honour Judge Millsteed
5 October 2005
ADMINISTRATIVE LAW
Appeal against decision by a Master – whether the Master erred in revoking a Destruction Order for a dog under the Dog and Cat Management Act 1995 – whether the Master erred in finding that the dog was not unduly dangerous – whether the Master has the power to impose a substitute order exempting the dog from the requirements of a Control/Dangerous Dog Order - appeal dismissed.
Dog and Cat Management Act 1995 s51(1), referred to.
The Queen v Wilson (1991) 55 SASR 565; Wilson v The Queen (1992) 174 CLR 313; Dunlop Rubber Australia Ltd v Buckley (1952) 87 CLR 313; Dairy Farmers Co-operative Ltd v Azar (1990) 170 CLR 293; Walker v Bletchley Flettons Ltd (1936) 1 KBD 170; Inglis v NSW Fresh Food and Ice Co. Ltd (1943) 44 SR (NSW) 87; Boughey v The Queen (1986) 161 CLR 10; McDonald v Hanselmann [1998] NSWSC 171; R v Forrest (1998) 35 A Crim R 421, considered.

CLARE & GILBERT VALLEYS COUNCIL v CRAWFORD
[2005] SADC 135
Introduction

This is an appeal against a decision by a Master.
On 5 February 2005, at Saddleworth, Jacob (Jake) Pryor, a child aged 18 months, was bitten by a dog and, as a result, sustained an injury to his right ear. The dog (Mocha) belonged to Mr Marcus Crawford (the “respondent”). On 22 February 2005, the Clare and Gilbert Valleys Council (the “appellant”) made a Destruction Order in relation to Mocha pursuant to s51(1) of the Dog and Cat Management Act 1995 (the “Act”).
Pursuant to s58(1) of the Act the respondent appealed to the Administrative and Disciplinary Division of the District Court against the Destruction Order on the ground that the dog was not unduly dangerous as required by the Act. The appeal was heard and allowed by Master Rice. The Master rescinded the Destruction Order and subjected the dog to the requirements of a Control (Dangerous Dog) Order specified in s50(3) of the Act save that it was not required to be muzzled and leashed whilst working as a sheep dog on the respondent’s property.
The appellant contends that the Master erred in rescinding the Destruction Order because the dog was unduly dangerous and, further, that the Master had no power to exempt the dog from any of the requirements of a Control (Dangerous Dog) Order.
Factual Background
On the hearing of the appeal, before the Master, the respondent and his father Robert Crawford gave evidence of the dog’s history and disposition. The appellant called Mark Pryor and Kerry Pryor (Jake’s parents) and Cathryn Long who gave evidence about the circumstances of the attack. The appellant also called Steven Woolley, a dog management officer, employed by the appellant. Mr Woolley investigated the incident. The following is a summary of the evidence put before…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2005] SADC 135
Decision Date: 5 October 2005

CaseChat Overview and Summary

The appeal was brought by the Clare & Gilbert Valleys Council against a decision made by a Master under the Dog and Cat Management Act 1995. The Council had issued a Destruction Order for a dog, which the Master subsequently revoked. The Council sought to appeal this decision, challenging the Master's finding that the dog was not unduly dangerous and questioning whether the Master had the authority to impose a substitute order exempting the dog from the requirements of a Control/Dangerous Dog Order. The appeal was heard in the South Australian District Court.

The primary legal issues before the court were whether the Master had erred in revoking the Destruction Order and whether the Master had the power to impose a substitute order exempting the dog from the requirements of a Control/Dangerous Dog Order. Additionally, the court needed to determine if the Master's finding that the dog was not unduly dangerous was correct. The Council argued that the Master's decision was flawed, while the respondent maintained that the Master's findings and orders were appropriate.

The court found that the Master did not err in revoking the Destruction Order. The court considered the evidence presented and concluded that the Master's assessment of the dog's behaviour and potential danger was reasonable. The court also determined that the Master had the authority to impose a substitute order exempting the dog from the requirements of a Control/Dangerous Dog Order. The court held that the Master's decision was within the scope of the powers granted under the Act, and therefore, the Master's orders were valid. Consequently, the appeal was dismissed.

The court made no further orders beyond dismissing the appeal, affirming the Master's decision as correct and within their authority under the Dog and Cat Management Act 1995.

Orders