English
The applicant, Dr Carol Booth, was a bat conservationist.
The respondent, Dick Yardley, was a fruit grower. Yardley installed electric grids on his property so as to electrocute flying-foxes and protect his crops.
Despite this method of crop protection being unlawful, no action by the government was taken against Yardley. In absence of a government prosecution, Booth brought an action and sought to:
Restrain the use of the electric grids;
Require dismantlement of the grids;
Require a financial contribution by the Yardley's for the rehabilitation of flying-foxes.
Ultimately, the Court found that Yardley had breached the law in operating electric grids and was likely to continue using the grids unless restrained. On this basis, the Court ordered that the grids be dismantled within 3 months.
(Contribution: Case provided by Charley Xu from the Queensland University of Technology)