Isbester v. Knox City Council

Lower Court Judgment

10/09/2014 Supreme Court of Victoria (Court of Appeal) (Hansen JA, Osborn JA, Garde AJA)

[2014] VSCA 214

Catchwords

Administrative law – Procedural Fairness – Where respondent’s delegate ordered pursuant to s 84P of the Domestic Animals Act 1994 (Vic) (Act) for the destruction of appellant’s dog due to an incident the year before in which the appellant’s dog bit a person – Where appellant plead guilty to offences under the Act relating to that incident – Where appellant claimed that she was not afforded procedural fairness at the hearing to determine whether appellant’s dog should be destroyed – Where appellant claims that there was apprehended bias because one of the panel members had previously been an accuser in appellant’s criminal prosecution for the same incident – Whether the Victorian Court of Appeal erred in failing to find that the decision was affected by apprehended bias.

Animals – Various statutory provisions – Regulation of Companion animals – seizure and destruction.

Short Particulars