Wood v Logan City Council - [2025] QCAT 229

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Wood v Logan City Council [2025] QCAT 229

PARTIES:

ROWAN JAMES WOOD

(applicant)

v

LOGAN CITY COUNCIL

(respondent)

APPLICATION NO/S:

GAR323-23

MATTER TYPE:

General administrative review matters

DELIVERED ON:

5 June 2025

HEARING DATE:

24 January 2025

HEARD AT:

Brisbane

DECISION OF:

Member Carrigan

ORDERS:

The Tribunal makes the following Orders:

(a)     The decision of the Logan City Council made on 25 May 2023 in respect of a destruction order for the dog “Scooby” is confirmed.

(b)     The Application to review a decision filed in the Tribunal on 22 June 2023 by Rowan James Wood is dismissed.

CATCHWORDS:

GENERAL ADMINISTRATIVE REVIEW – DOG DESTRUCTION ORDERS – where dog attacked members of the public – where dog seized – whether discretion to issue destruction order in respect of the dog should be exercised – where dog had been declared a dangerous dog – where dog repeatedly not kept in enclosure and allowed to roam internally and externally to their home on the property – discretionary considerations as to whether to make an order to destroy (or not destroyed) the dog – effective management of regulated dogs – whether a dog constitutes, or is likely to constitute, a threat to the safety of persons by attacking them or causing fear to the extent that the threat may only be satisfactorily dealt with by the destruction of the dog

Animal Management (Cats and Dogs) Act 2008 (Qld), s 3, s 59, s 60, s 61, s 89, s 93, s 127, s 127AA, s 187, s 188, s 238

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 17, s 18, s 20

Cutbush v Scenic Rim Regional Council (No 2) [2019] QCATA 167

Nguyen v Gold Coast City Council Animal Management [2017] QCATA 121
Bradshaw v Moreton Bay Regional Council [2017] QCATA 139

Thomas v Ipswich City Council [2015] QCATA 97

APPEARANCES & REPRESENTATION:

Applicant:

Self-represented

Respondent:

Emma Ratcliffe, Lawyer, instructed by Michele Burridge of the Logan City Council

REASONS FOR DECISION

In these proceedings Rowan James Wood (“the Applicant”) seeks a review of the decision of the Logan City Council (“the Council”) made on 25 May 2023 to issue a Destruction Order in respect of Mr Wood’s dog “Scooby” (“the Dog”).

Background Facts

The Applicant is the owner of the dog, Scooby. The details about that dog are as follows:
(a)Breed: Bullmastiff, male and desexed
(b)Colour: Caramel
(c)Date of Birth: 25 September 2019
On 16 March 2023, the Council stated that at 2:40 pm Scooby attacked a person in a public place causing an injury through a bite to the victim’s person and fear to a child in the company of the victim. At the time of that event the dog was identified as “Scooby” a caramel and white desexed Bullmastiff x Shar Pei, born on 25 September 2019. The victim provided a verbal and written statement of the event along with photos. According to the Council, this event was in wholly unprovoked circumstances causing…

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: [2025] QCAT 229
Decision Date: 5 June 2025

CaseChat Overview and Summary

In the case of Wood v Logan City Council, the applicant, Rowan James Wood, sought a review of a decision by the Council to issue a destruction order for his dog, Scooby. The Council had issued the order after the dog attacked members of the public on multiple occasions. The matter was brought before the Tribunal to determine whether the Council's decision to order the destruction of the dog was justified.

The key legal issues before the Tribunal were whether the Council's discretion to issue a destruction order for the dog should be exercised, and if so, on what grounds. The Tribunal needed to consider the circumstances surrounding the dog's attacks, the history of the dog being allowed to roam freely, and whether the dog had been effectively managed in accordance with the relevant legislation. Additionally, the Tribunal had to weigh the discretionary considerations as to whether the destruction of the dog was necessary to manage the threat it posed to public safety.

The Tribunal found that the Council had exercised its discretion appropriately in issuing the destruction order. The dog had been declared dangerous and had repeatedly attacked members of the public. Furthermore, the dog was not kept in an enclosure and was allowed to roam freely, both internally and externally to the Wood's home. The Tribunal concluded that the effective management of the dog was not possible, and the only satisfactory way to address the threat to public safety was by destroying the dog. Therefore, the Tribunal confirmed the Council's decision and dismissed the applicant's application for review.

The Tribunal made an order confirming the Logan City Council's decision to issue a destruction order for the dog, Scooby. Additionally, the Tribunal dismissed the application for review filed by Rowan James Wood on 22 June 2023.

Orders

Orders of the court

The Tribunal makes the following Orders:

(a) The decision of the Logan City Council made on 25 May 2023 in respect of a destruction order for the dog “Scooby” is confirmed.

(b) The Application to review a decision filed in the Tribunal on 22 June 2023 by Rowan James Wood is dismissed.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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