Kangaroo pet keeper loses High Court appeal
HERVEY Bay's Colin Candy has failed in a High Court bid to reverse a Court of Appeal ruling over a pet kangaroo taken from his property.
Mr Candy and his family found a dead red kangaroo by an outback road, and his daughter raised the joey they found inside the pouch, which they called Mitchell after the town near where he was found.
Initially the family had a permit to raise Mitchell, but when the permit expired, they did not seek a new one.
Queensland Parks and Wildlife officers raided their home in early 2001 and took Mitchell away, sparking a 12-year court battle as Colin tried to assert his right to own native animals.
Mitchell is now dead.
In a finding published late on Tuesday, the High Court dismissed his application for special leave to appeal for judicial review of a decision in 2001 denying him a rescue permit which would have allowed him to keep the kangaroo.
"The kangaroo had been removed from the applicant's home by officers of the Queensland Parks and Wildlife Service in March 2001. The removal gave rise to proceedings in the Supreme Court of Queensland for trespass," the published finding said.
"An issue for determination in those proceedings was whether the red kangaroo was a 'protected animal' under the Nature Conservation Act 1992."
A court at that time found that it was a protected animal.
"That conclusion was upheld in the Court of Appeal," the High Court said.
"Special leave to appeal from that determination was refused ... Nothing in the applicant's prolix grounds or written case identify an arguable basis for challenging the correctness of the decision of the Court of Appeal."