Nancy Lee v Brisbane City Council

[2013] HCASL 37

NANCY LEE

v

BRISBANE CITY COUNCIL

[2013] HCASL 37
B65/2012

1. The applicant seeks special leave to appeal against orders of the Court of Appeal of the Supreme Court of Queensland (Holmes and White JJA, Applegarth J) refusing the applicant leave to appeal against an order of the appeal tribunal of the Queensland Civil and Administrative Tribunal ("QCAT").  The appeal tribunal of QCAT had refused the applicant's application for leave to appeal to that body.

2. A delegate of the Brisbane City Council made a regulated dog declaration under s 94 of the Animal Management (Cats and Dogs) Act 2008 (Q) in respect of a German Shepherd dog of which the applicant was the registered owner. The delegate decided that the applicant's dog had attacked and injured another dog.

3. The applicant sought internal review of the delegate's decision.  The reviewer upheld the decision.  The applicant then sought review by QCAT which, after a fresh hearing of the merits of the matter, confirmed the original decision.  On the applicant's application for leave to appeal to the appeal tribunal of QCAT, the appeal tribunal noted that the other dog may have first "attacked" the applicant's dog by running at the applicant's dog barking.  Nonetheless, the appeal tribunal concluded that there was evidence to support the view reached that the applicant's dog had seriously attacked the other dog.

4. The Court of Appeal concluded that a finding of serious attack by one dog on another was not precluded by the fact that the second dog might have first attacked.

5. As the applicant does not have legal representation, the application falls to be dealt with under r 41.10 of the High Court Rules 2004.

6. We see no reason to doubt the correctness of the Court of Appeal's conclusion.  An appeal to this Court would not enjoy sufficient prospects of success to warrant a grant of special leave to appeal.

7. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

K.M. Hayne
10 April 2013 S.M. Crennan