TT-Line Company Pty Ltd v Burrows

TT-Line Company Pty Ltd (TT-Line) appealed to the Full Court of the Supreme Court of Tasmania against a decision of the Magistrates Court. The dispute concerned charges of animal cruelty brought against TT-Line, relating to the transport of horses in a trailer within the hold of a ship. The prosecution alleged that TT-Line's method of managing the horses was reasonably likely to result in unreasonable and unjustifiable pain or suffering, specifically by failing to take certain measures during the transport.

The Full Court was required to determine whether TT-Line had breached its general duty under the *Animal Welfare Act 2000* (Tas) to take all reasonable measures to ensure the welfare of the horses under its care and control. This involved considering whether the alleged omissions in the method of management constituted a failure to take reasonable measures, and if so, whether this failure was reasonably likely to cause unreasonable and unjustifiable pain or suffering to the animals.

The Court reasoned that the statutory duty imposed a positive obligation to take all reasonable measures for animal welfare. Where a method of management involves omissions, the focus must be on whether the omitted measures were themselves reasonable ones to have taken in the circumstances. The Court considered the specific circumstances of the transport, including the duration, the environment within the ship's hold, and the nature of the trailer, to assess whether the alleged failures to act amounted to a breach of the duty of care. The appeal was ultimately dismissed, upholding the finding of guilt against TT-Line.