Goward v Registrar, Domestic Animals Act 2000 (Administrative Review)

The case of Goward v Registrar, Domestic Animals Act 2000 (Administrative Review) involved an application for judicial review of a decision by the Registrar to order the sale of a dog seized under the Domestic Animals Act 2000. The applicant, Goward, was the registered keeper of the dog but had not exercised responsible management, care, or control over the animal, leading to the issuance of a control order. Non-compliance with the conditions of this order resulted in the Registrar's decision to sell the dog. Goward sought to challenge the decision on the grounds that the Registrar had failed to consider relevant factors and had not adequately assessed Goward's ability to exercise responsible management, care, or control over the dog.

The primary legal issue before the court was whether the Registrar had exercised their discretion in a legally correct manner, considering all relevant factors. The court needed to determine if the Registrar had properly assessed Goward's ability to manage, care for, and control the dog, particularly in light of the previous control order and its non-compliance. Additionally, the court had to consider whether the Registrar had overlooked any relevant factors that might have influenced the decision to sell the dog.

The court found that the Registrar had not fully considered all the relevant factors in making the decision to sell the dog. The Registrar had focused primarily on the non-compliance with the control order without adequately assessing Goward's ability to manage, care for, and control the dog moving forward. The court determined that the Registrar had failed to consider evidence that Goward had taken steps to rectify the issues that led to the non-compliance and had made arrangements to ensure the dog's future care. The court held that the Registrar's decision was flawed due to the inadequate consideration of these factors.

The court set aside the decision under review and remitted the matter back to the Registrar with a direction to release the dog. The court emphasised that the Registrar must consider all relevant factors, including any evidence of the keeper's ability to exercise responsible management, care, or control over the animal, when making decisions about the disposition of seized animals. The orders of the Tribunal required the Registrar to release the dog to Goward, providing an opportunity for the applicant to demonstrate their capacity to care for the animal.