QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
Dalgliesh v Brisbane City Council [2025] QCAT 34
PARTIES:
LISA DALGLIESH (applicant)
v
BRISBANE CITY COUNCIL (respondent)
APPLICATION NO:
GAR562-23
MATTER TYPE:
General administrative review matters
DELIVERED ON:
8 January 2025
HEARING DATE:
3 September 2024
HEARD AT:
Brisbane
DECISION OF:
Member Scott-Mackenzie
ORDERS:
1. The decision of the respondent made 21 August 2023 confirming the decision of the respondent made 7 June 2023 declaring the dog microchip number 956000006812996 and tag number 659710 owned by the applicant and named Budd a declared dangerous dog is confirmed.
2. The directions given by the Tribunal on 10 October 2023 are vacated.
CATCHWORDS:
ADMINISTRATIVE TRIBUNAL – animals – dangerous dog – where a dog killed a cat – where the dog killed a second cat – where the dog declared a dangerous dog – where asserted the second cat attacked or provoked the dog – whether a finding the second cat attacked or provoked the dog precludes a finding the dog seriously attacked the cat – whether decision to make a dangerous dog declaration is discretionary – whether the Tribunal has power to vary the conditions for a dangerous dog
Animal Management (Dogs and Cats) Act 2008 (Qld), s 3, s 4, s 89, s 90, s 92, s 94
Companion Animals Act 1998 (NSW), s 16Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 17, s 19, s 20
Brache v Douglas Shire Council [2014] QCAT 60
Brisbane City Council v Roy [2020] QCATA 147
Imbrogno & Anor v Brisbane City Council [2017] QCATA 148
Lake Macquarie City Council v Morris (2005) 63 NSWLR 263; [2005] NSWSC 387
Lee v Brisbane City Council [2012] QCA 284
Lee v Brisbane City Council(No 2) [2012] QCATA 64
O’Donnell v Brisbane City Council [2024] QCAT 112
Roy v Brisbane City Council [2019] QCAT 311
APPEARANCES & REPRESENTATION:
Applicant:
Mr G H Gore
Respondent:
Ms A Fairbairn, City Legal
REASONS FOR DECISION
Application
On 18 August 2023 the applicant (‘Ms Dalgliesh’) made application to the Tribunal to review a decision of the respondent (‘Council’) made 2 August 2023 (‘internal review decision’) confirming a decision of the Council made 7 June 2023 (‘original decision’) declaring Ms Dalgliesh’s dog named Budd a dangerous dog under the Animal Management (Cats and Dogs) Act 2008 (Qld) (‘AM Act’) (‘application’).
Brief background
Budd is a former racing greyhound. On 15 September 2021 Ms Dalgliesh took Budd into her care from the Broken Hill pound, initially as a foster dog. Subsequently, on 4 October 2021, Ms Dalgliesh adopted Budd. At the time, he was about two and a half years old.
On 15 August 2022 the Council received a report Budd had attacked a cat named Coco on Old Cleveland Road, Stones Corner (‘first incident’). Coco was taken to a local animal emergency centre for treatment and pronounced dead at the centre.
Subsequently, on 13 April 2023, the Council received a second report that…
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- Case
- [2025] QCAT 34
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the Council's decision to declare Budd a dangerous dog was discretionary and whether the Tribunal had the authority to modify the conditions attached to such a declaration. Additionally, the court had to consider whether the assertion that the second cat attacked or provoked Budd precluded a finding that Budd seriously attacked the cat. Ms Dalgliesh argued that the incidents were provoked and not unprovoked attacks, and she sought to overturn the declaration.
The court examined the evidence and found that the Council's decision to declare Budd a dangerous dog was not discretionary but rather mandatory under the statutory provisions. The court also determined that the Tribunal did not have the power to vary the conditions of a dangerous dog declaration. The court accepted the evidence that Budd had attacked the second cat, Mickey, despite Ms Dalgliesh's claims of provocation. The court concluded that the findings of serious attack were not precluded by the possibility of provocation.
The Tribunal confirmed the Council's decision to declare Budd a dangerous dog, rejecting Ms Dalgliesh's application for review. The court found that the Council's decision was supported by the evidence and that the statutory requirements for a dangerous dog declaration had been met. The court also vacated the directions previously given by the Tribunal on 10 October 2023.
Orders
Orders of the court
1. The decision of the respondent made 21 August 2023 confirming the decision of the respondent made 7 June 2023 declaring the dog microchip number 956000006812996 and tag number 659710 owned by the applicant and named Budd a declared dangerous dog is confirmed.
2. The directions given by the Tribunal on 10 October 2023 are vacated.
Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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