MATHESON v. G. STUCKEY & CO. PTY. LTD.VLR 637
Animals — Stallion — Dangerous disposition — Scienter — Duty to take-reasonable care — Injury to mare — Negligence — Damages.
Catchwords are the way in which we classify reports into a consistent taxonomy.
Reports matching this catchword classification
Animals — Stallion — Dangerous disposition — Scienter — Duty to take-reasonable care — Injury to mare — Negligence — Damages.
Animals — Dogs — Chasing cattle or sheep — Enclosed area — Dog found at large in enclosed area — Common law right to kill — Statutory right to kill — Dog Act 1928 (No. 3667), sec. 19.
Justices — Appeal to Court of General Sessions — Application to General Sessions to state case for Supreme Court — Made some days after appeal allowed but while same Chairman still sitting — Application not out of time — Justices Act 1929 (No. 3708), sec. 147.
Animals — Dogs — May be destroyed if found in field, paddock, yard or other place enclosed by a fence — In which sheep, cattle or poultry confined — Provision inapplicable where killing takes place in building — Dog Act 1928 (No. 3667), sec. 19.
Animals - Live stock - Sheep - Foot rot - Exhibiting sheep for sale apparently affected with foot rot - Circumstances under which an offence is committed - Sheep (Foot Rot) Act 1956 (No. 6007), s6.
Animals - Dog - Complainant bitten - Whether trespasser - Liability of owner - Dog Act 1958 (No. 6236), s26.
Animals - Negligence - Highway - Collision between motorcyclist and steer on public road - Propensity of steer to stray - Occupier of land adjoining highway under no duty to fence or prevent cattle straying onto highway - Rule in Searle v Wallbank applicable in Victoria - Statutory provisions exposing owner of straying cattle to penalty - Breach of statutory provisions - Breach not conferring private right of action - Whether "special circumstances" imposing duty of care - Local Government Act 1958 (No.6299), 15th Sched. CL41 - Country Roads Act 1958(No.6229), s73(1), s73(3) - Summary Offences Act 1966(No.7405) s8(d).
Animals - Cruelty to - Liability of statutory authorities - Victorian Railways Board - Immunity from prosecution - Acts of servants - Knowledge of Board - Protection of Animals Act 1966 (No 7432), s4.
Crown - Statutory authority - Victorian Railways Board - Whether acting as the Crown - Railways Act 1958 (No 6355), s4, s5, s71, s72, s75, s77, s79, s83, s100, s101, s119, s147, s179, s199, s200.
Administrative law - Environment protection and conservation - Old growth forest - Proposed logging in State forest - Controlled harvesting and selling - Obligations - Timber allocation order - Forest management plan - Risk assessment and management - Presence of endangered fauna species - Habitat reserves - Precautionary principle - Flora and fauna protection - Action statements - Code of Practice for Timber Production - Forests Act 1958 (No 6254) ss 3 4 22 - Conservation, Forests and Lands Act 1987 (No 41) ss 4 5 6 7 10 31 - Sustainable Forests (Timber) Act 2004 (No 48) ss 1 4 5 6 13 14 15 16 17 18 19 37 38 39 40 43 44 45 - Flora and Fauna Guarantee Act 1988 (No 47) ss 1 3 4 7 8 11 17 19 20.
Administrative law - Judicial review - Remedies - Injunction - Standing - Special interest in subject matter of litigation - Public interest - Threatened illegal logging in State forest - Conservation group.
Injunctions - Terms - Conditional - Finality - Transparency - Undertaking - Statutory authority - State forest - Threatened unlawful logging - Public interest - Restraint from logging until conditions met.
Animals - Endangered fauna species - Protection - Long-footed potoroo - Orbost spiny crayfish - Giant burrowing frog - Large brown tree frog - Powerful owl - Sooty owl - Spot-tailed quoll - Greater glider - Yellow-bellied glider - Square-tailed kite - Flora and Fauna Guarantee Act 1988 (No 47).
Costs - Discretion - Costs following the event - Party partially successful - Relevant considerations - Public interest - Proportional order.