The Director General of the Department of Agriculture v Crisdale

The Director General of the Department of Agriculture (the Director General) appealed to the New South Wales Court of Appeal against a decision of the Supreme Court of New South Wales. The dispute concerned the validity of a notice issued by the Director General under section 19(1) of the *Pest Destroyers Act 1901* (NSW) (the Act) requiring Crisdale to take certain steps to eradicate pests on its land. Crisdale had challenged the validity of this notice.

The Court of Appeal was required to determine whether the notice issued by the Director General was valid and effective in law. Specifically, the court had to consider whether the Director General had properly exercised the powers conferred upon him by section 19(1) of the Act, and whether the notice itself met the statutory requirements for validity.

The Court of Appeal held that the notice was invalid. The court reasoned that section 19(1) of the Act required the Director General to be satisfied that pests were present on the land and that it was necessary to take action to destroy them. The court found that the evidence before the Director General at the time the notice was issued did not demonstrate that he had formed the necessary satisfaction regarding the presence of pests and the necessity for action. Consequently, the Director General had failed to properly exercise his statutory discretion, rendering the notice *ultra vires* and invalid.

The appeal was dismissed, and the decision of the Supreme Court in favour of Crisdale was affirmed.