Animal Care and Protection Act appeal

Dart v Singer; Hajridin v Singer [2013] QCA 255


Margaret McMurdo P and Gotterson JA and Margaret Wilson J:


APPEAL AND NEW TRIAL – APPEAL – PRACTICE AND PROCEDURE – QUEENSLAND – TIME FOR APPEAL – EXTENSION OF TIME – WHEN GRANTED – where each applicant was convicted and sentenced in the Magistrates Court for a number of offences against the Animal Care and Protection Act 2001 (Qld) (“the Act”), including contravening a prohibition order under s 187 of the Act – where each applicant appealed unsuccessfully against their convictions to the District Court – where the applicants filed their applications for leave to appeal to this Court out of time – where the delay was not extensive – where the applicants explained the delay on the basis of a miscalculation of the filing date – where the applicants contend the magistrate erred in misconstruing the prohibition order of 12 December 2008, that it had only prospective effect and that the respondent did not prove that the applicants were not already in possession of the relevant animals at the time the prohibition order was made – where the matter was not argued before or addressed by the District Court judge – whether there was an adequate explanation for the delay – whether the interests of justice warrant the grant of the extension of time and leave to appeal



David Cormack – Brisbane Barrister.

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