(a) Early 1991 to 1 October 1991 - Entry of the mob upon the stock route until their detention and removal
13 Between early 1991 and early June 1991, the plaintiffs assembled a mob of about 6254 sheep including Merinos, Border-Leister/Merino crossbred wethers and young ewes. The larger part of this mob was purchased through the Armidale, Guyra and Glen Innes sale yards at an average price of $0.50 to $3.00 per head. Others were purchased through the Dorrigo Abattoirs buyer when it lost an order and had, as a result, 1000 surplus sheep. The balance were already held on "Nassau", "Rosemeadow" and "Abbotsford". They also purchased some 14 rams which were put with the ewes, leading to them lambing in about September 1991.
14 The Perretts' intention was to take 5450 of the sheep to Moree on the stock routes, and in due course to sell them. The balance of 804 of the sheep were to be left in Glen Innes on agistment.
15 Mr Perrett said that, a neighbour, Darryl Meehan, of "Glen Athol", Red Range, who had agreed to allow his shearing shed, yards and dip to be used to shear and dip the sheep, and Les McRae, who had agreed to assist as a drover, each arranged to add some of their own sheep to the mob, when it went on the road.
16 In about May 1991, arrangements were made to shear and dip the plaintiffs' sheep, along with the sheep of Mr Meehan, on "Glen Athol", preparatory to them being taken onto the stock route. The dipping with Top Clip Blue Dip was uneventful in the sense that there were no losses, according to each of Mr Perrett, Mr Taylor and Mr Meehan, who attended to the task. It was Mr Meehan's evidence that the sheep, which he wanted to add to the mob, were crossbred ewe lambs which needed to grow out a bit. They were branded with an "S" over a wide "V".
17 Mr Perrett said that in May 1991, he spoke to the first defendant, Wayne Richard Williams, who was a ranger with the Moree Rural Lands Protection Board, seeking authority to put the sheep onto the stock route in June. He said that he received an indication that this would be all right, and that Mr Williams would call out to issue a permit.
18 On 16 June, Mr Perrett said, he went out with Mr McRae to inspect the Colly stock route, after speaking to Mr Williams, who, on his account, made no mention of any need for any clearance from a ranger or veterinarian before the sheep were taken to the TSR.
19 Mr Williams however, gave a somewhat different account. He agreed that he received a telephone call from Mr Perrett, but described the conversation in the following terms:
" ' I'm Les Perrett. I'm a stock owner at Glen Innes. I'm after feed for my stock. What's the feed like west of Moree?'
I said words to the following effect:
'It's good for this time of year. Come and have a look at the feed. Before they go onto a truck you need to get a clearance from the Ranger or Vet from your local Lands Protection Board. We need verification that the sheep are free from disease before they are loaded onto the trucks'.
He said words to the following effect:
'No problem. I'll get that done and talk to you in a couple of weeks'."
20 Mr Williams added that he did not hear anything further from Mr Perrett for about a week until he found out that the sheep were already unloaded onto the TSR without confirmation of their disease status.
21 Between 23 June and 30 July 1991, Mr Perrett said that he sent by road transport 5750 sheep and 248 lambs out to the Moree-Collarenabri stock route on agistment. The transport costs of Stockmaster Pty Limited (for 5516 sheep) were invoiced to Mr McRae, amounting to $6514.40. Mr Scherf of Stockmaster said that he observed that the sheep which were carted had been shorn. Mr Perrett suggested that thereafter he paid fees to the Moree Board for 4,750 sheep, there being no charge for a further 1000 lambs.
22 The movement of the sheep out to the stock route was staggered, the later arrivals being taken to Bellarah Hall, because of the numbers involved and their different properties of origin, and also as a result of the first of the detention orders which came to be issued by Mr Williams.
23 Although there was some uncertainty as to the dates, it appears that Mr Perrett and Mr Cattell took on the responsibility for droving the first part of the mob to arrive on the stock route. On 25 June, Mr Perrett said, Mr Cattell went into Moree to obtain the necessary permit. It came to be issued in the name of Mr McRae. It seems that both the Perretts and Mr McRae also had cattle on the route.
24 On 25 June, Mr Perrett said Mr Williams came out to inspect the 3,779 sheep, at Whittakers Lagoon. He apparently found them to be free of lice and issued a travelling stock permit which, on its face, permitted their movement for about 50 kms from Whittakers Lagoon to Bellarah Hall. It was Mr William's evidence that Mr Perrett nominated Mr McRae as the owner of the sheep this day, and suggested that Mr Cattell was in charge.
25 On 26 June, Mr Williams came across the sheep again and issued a detention order (6555) requiring that they be detained at "Whittakers Lagoon and 2 km east of the yards", the reason being recorded as "suspicion of footrot to be checked". On the following day, he said, he went out to the TSR and found no one in attendance with the stock. He went looking for Mr Perrett and Mr Cattell, and on finding them at the Combadello Holding Yards, he reminded them of their obligations. The pattern of leaving the sheep insufficiently attended, he said, continued during their time on the TSR.
26 On 28 June Mr Williams and a labourer (Mr McGowan) from the Moree Rural Lands Protection Board went out to the TSR, along with "Mick" Beatty, the Moree senior ranger, and Bill Hetherington, District Veterinarian, and examined the sheep for footrot and lice. Mr Williams allegedly said to Mr Perrett that he had to inspect the sheep, because Ranger Smith from Glen Innes had told him that his sheep had footrot. Mr Williams said that the inspection had been arranged because the Glen Innes region was a footrot area. Each of Messrs Williams and Smith said that they had not previously known one another, and had not spoken directly about the Perretts' sheep.
27 The examination which was conducted, according to Mr Perrett, showed that some of the sheep had foot abscesses, due to having been carted to Moree in trucks which had not been washed down properly. The condition discovered was not footrot and was not a notifiable disease under the Stock Diseases Act. Mr Beatty confirmed that no footrot was discovered, as did Mr Hetherington who explained that the sheep were inspected for footrot "as per the Board policy", since they had come onto the TSR without any form of documentation or inspection at Glen Innes. Mr Perrett said at the trial that there was an argument between Mr Williams and Mr Hetherington in relation to this inspection, insofar as Mr Williams was pushing Mr Hetherington to examine more and more sheep. Mr Williams denied that this had been the case, asserting that he had just begun to work with the Board, that he had no experience with footrot, and was just one of the workers there to assist the District Veterinarian.
28 In the meantime, on 27 June, an inspection was made by Mr Smith in respect of the 650 lambs, which were still at "Glen Athol", for footrot. Specimens taken were tested and later reported as not revealing that condition. Pending the test results, a 40-day quarantine order (B30331) was issued by Mr Smith, over "Glen Athol". A release order was issued on 1 July 1991 by Mr Montgomery. These sheep then went out to the stock route. Mr Meehan said that thereafter he went out to the stock route for a couple of days "to check up on things and to give the Perretts a hand".
29 In his report of 27 June, Mr Smith noted that Mr Hetherington had advised of the arrival, at Moree Travelling Stock Reserve, of a mob of sheep from the Glen Innes region, in which suspect footrot had been found. He reported that his own inquiries had revealed that there were 4379 sheep in the mob, which had been purchased at various saleyards, and that there were a further 650 sheep still at "Glen Athol" which had been due to follow the sheep that had already been moved.
30 He recorded that, in the course of a conversation and a formal interview with Mr Meehan, the latter had indicated that the sheep had originally been purchased by "his cousin" Mr Perrett, and by Les McRae, originally to sell to Dorrigo Abattoirs. When that sale had fallen through, he said that they had decided to shear and dip the sheep on "Glen Athol" because they were suspected of having lice, and then to take them to the Moree TSR. Mr Perrett denied that there was any blood relationship between himself and Mr Meehan, or that the sheep had been purchased by him for sale to the abattoirs. In fact, he said that he had purchased them when an order which the abattoirs had received had been cancelled.
31 Mr Smith said, in his statement, that he had inspected 17 sheep out of a mob of 650 sheep on "Glen Athol" following the telephone call from Mr Hetherington, and that although he had not seen footrot, there were some lesions and underrunning, which had led him to take the smears for testing, which later proved negative, and to issue the quarantine notice pending the laboratory results.
32 Notwithstanding the sequence of events involving the detention of the Moree sheep on 26 June, and the quarantine of the "Glen Athol" sheep on 27 June, Mr Perrett maintained his insistence that Mr Smith had put into Mr Williams' mind, the detention of the Moree sheep for footrot.
33 On 2 July 1991, noxious animal inspector Robert Lynn and Mr Smith carried out an inspection of the 300 or so sheep on "Abbotsford". These appear to have been 266 sheep which had been purchased at Glen Innes Saleyards in April, and 102 shorn and dipped sheep which were not eating well, that had been transferred to "Abbotsford" from "Glen Athol" on 1 July, none of which, on Mr Perrett's account, had lice or footrot.
34 Mr Smith, however, submitted a report to the District Veterinarian advising that the sheep there were in a low condition and appeared wormy, and that some (which he identified as short wooled sheep) showed a "heavy infestation of lice", as well as some foot abscesses, although they did not appear to have footrot. He advised that the subdivision and boundary fences were not stock proof, and that there was not adequate sheep feed on the property. The report also recorded that complaints had been made about Mr Perrett's sheep "roaming the roads and streets of Red Range."
35 Mr Smith said that this muster and inspection had followed upon reports from Messrs Lawler and Gallagher to the effect that the plaintiffs' sheep were wandering around the village and seemed to be lame. Mr Perrett said that there could not have been any such complaints as there were no sheep on "Abbotsford" until the night of 1 July when Mr Meehan delivered some of the "Glen Athol" sheep there.
36 A fax message was sent to Mr Hetherington, and to the rangers at Moree, asking that they advise Mr Perrett that he had to shear and dip his sheep, on "Abbotsford", by 10 July, after obtaining an order from an inspector to move them to a shearing shed and dip.
37 A footnote was added to this report, on 8 July 1991, and sent to RSPCA Inspector Harmer by Mr Smith, recording that on re-inspection, the sheep appeared to be starving, and that no attempt was being made to feed them. Mr Williams' diary would suggest that this inspection had occurred on 2 August at Moree.
38 In the meantime, on 4 July, a letter was sent by Mr Hetherington to Mr King, the Director of Veterinary Services at Newcastle, advising that approximately 3749 sheep had been transferred to the TSR west of Moree at Whitakers Lagoon without notice, and without clearance from the Glen Innes Board, as a consequence of which they had been detained. It was noted that the sheep had been inspected on 28 June and that they would be reinspected in approximately 2 weeks.
39 A stock movement order (3401) was issued by Mr Smith on 12 July 1991, to permit movement of the "Abbotsford" sheep to "Glen Athol" between 15 and 19 July 1991 to permit the shearing and dipping which he required. The order specified that the sheep with 3 months or more wool were to be shorn, and that all sheep were to be dipped by 4 August 1991, subject to the weather, and the condition of the sheep meaning that they were not at risk.
40 Mr Perrett said that these sheep had not needed to be shorn, but some other woolly sheep, already on "Glen Athol", were shorn and dipped along with them, and then sent to the stock route between 28 and 31 July. The balance were sent on agistment to "Yarrow Lea". Mr Perrett said that he believes that the balance were inspected again by Mr Smith before being sent out to the stock route. Mr Smith agreed that he had done so, at Mr Meehan's request.
41 Mr Perrett also said that towards the end of July, Mr Hetherington, Mr Beatty and Mr Williams carried out a second inspection of the sheep on the stock route, at the Meroe Yards for footrot and cleared them of that problem. Each of Mr Hetherington, Mr Williams, and Mr Beatty confirmed this inspection, which they dated as occurring on 2 August, as disclosing no evidence of footrot. Mr Hetherington added that their role, in relation to each inspection was to look for footrot, and not for lice. It was apparently standard practice for there to be a second inspection where there was a suspicion of footrot.
42 At some point in July or August, Mr Perrett claimed, he received a request for a dozen lambs from Mr Williams, who mentioned his casual weekend work as a butcher. Mr Perrett's refusal of his request, he indicated, was received by Mr Williams with ill grace. Mr Williams denied that any such conversation occurred, and Mr Perrett accepted that he had made no complaint about it.
43 Mrs Perrett said that she joined the mob at the end of July, just before the sheep on Mr Meehan's property arrived. Thereafter she helped with the droving.
44 In a letter dated 12 August, Mr Hetherington advised Mr King that the standard follow up inspection on 2 August had revealed no evidence of footrot. He added that the sheep had put on a "remarkable amount of condition since they [had] been on the TSRs' around Moree", and that, in his opinion, they did "not present a risk to the local sheep" and should "be allowed to use the TSR as normal".
45 Mr Perrett said that during August he left the sheep in the care of Mr McRae, and a lady who seems to have gone by the name "Flo", while he went off droving the cattle that they also had on the TSR. Mrs Perrett agreed with this, saying that she accompanied her husband.
46 The Perretts said that, in September 1991, Mr McRae and "Flo" left the sheep unattended, as a consequence of which they managed to become dispersed over about 15 kms of the stock route, even though they were meant to be kept in one flock. The Perretts left the cattle droving job and returned to the Moree stock route where, over several days, they rounded up the mob and yarded them at "Boorilook".
47 Mr Perrett said that he dismissed Mr McRae and "Flo" on 12 September 1991, and that he was assisted thereafter by Jim Campbell with the droving, having taken him out to "Boorilook" on the morning of 13 September. During the early hours of 13 September, he said, he moved a flock of about 3000 sheep on the stock route into the Meroe Holding Paddock, which was about eight hectares in area, with a drinking trough and windmill.
48 Mr Beatty said that on this date he received a report of unattended sheep straying on Colli routes, and of sheep being locked in a yard on the TSR. He went out to "Boorilook" where he found a large mob of sheep around the public watering hole. Mr Williams' diary would tend to confirm that Mr Perrett was back with the sheep at "Boorilook" by this time.
49 Mr Beatty recorded that Mr Campbell informed him that Mr Perrett was mustering the sheep, and that Mr McRae had been doing it, but had left on Thursday, after an argument with Mr Perrett. He noted that he had eventually found Mr Perrett at Bullarah Hall and had instructed him to get the sheep together by Monday, advising that otherwise they would be impounded. The sheep, he said, were scattered over 15 miles of the route between Brown Creek and "Meroe". According to Mr Beatty, he was informed by Mr Campbell that he understood that he was working for Mr Perrett, and believed the latter to be the owner of 94% of the sheep, with Mr McRae owning 700 head. That version in fact accorded with Mr McRae's evidence, although he said, additionally, that he had paid for the transport costs and expected some of the profits from the venture for his part in acting as drover, as well as some remuneration or expenses while he was on the road.
50 However, Mr Beatty said that when he later asked Mr Perrett who owned the sheep, he had replied "Les McRae. He owes me money so that's why I'm looking after the sheep". He made contemporaneous diary records in relation to these conversations. Mr Perrett said that he met with Mr Beatty, at Mr Clarke's caravan, and described him "waving his hands… and shouting 'muster those sheep up and take the damn things home or there will be no feed left in a fortnight."
51 Mr McRae gave evidence in relation to the difficulties, which he claimed had caused him to walk off the route, and to leave the sheep unattended. In substance he claimed that he had not been recouped for carting the sheep out to the route; that Mr Perrett was not pulling his weight assisting in the droving, having preferred to go off on a more lucrative drive with the cattle; and that he was not being paid for the work he was doing. In his words, he was "sick and tired" of the situation and simply decided to walk off, after letting the sheep out. He denied that he had been dismissed by Mr Perrett, as the latter asserted. He also denied that he had been receiving payment from the Perretts in the sum of $300 per week.
52 It was his account that he had found lice in some young, stray and unshorn Tukidale sheep (a New Zealand breed of sheep used for the production of carpet wool), which had joined the mob a few days earlier. He was unaware of who it was that was running Tukidale sheep in the area and was not asked whether they were pure bred or cross bred, or what it was in their appearance that led him to identify them as Tukidales. He did however claim that some person, who he was unable to identify, arrived to collect them from the mob when the sheep were moved off the stock route. No other witness called by the defence or by the plaintiff made any mention of seeing Tukidale sheep in the flock. Mr McRae said that his observation of there being lice infestation in these sheep was related to the appearance of their wool, which seemed to be rubbed or pulled.
53 He acknowledged reporting the matter to the Moree Board, but denied doing so out of spite, asserting that he had done so, because it was the "right thing to do". Mr Williams agreed that he received a phone call at his home from Mr McRae, informing him that there were some stray sheep in the mob that had lice, and that they had been there for two or three days. Mr Williams' report of 11 October would suggest that this report was made on 20 September.
54 So far as the evidence shows, no action was initiated by the Moree Board District Veterinarian, or by any inspector from that Board, to follow up any owners of Tukidale sheep in the area of the stock route. Nor was any report made of lice infestation found in any such sheep on any nearby property.
55 Mr Perrett said that, on 23 September, when the mob was about five kilometres from "Keytah", he had a visit from Mr Williams, who said that someone had reported that his sheep had lice. As a result he said he was instructed to keep them in the holding paddock overnight. "Keytah", it was established, was part of the Sundown Pastoral Company holding. It was not itself part of, or accessible from, the stock route.
56 It was Mr Perrett's evidence that the mob did not include any stray sheep, let alone any sheep with wool, at this time.
57 On the following morning, Mr Perrett said, Mr Williams arrived with a drover, Ross Clarke. Some 40 or so sheep were inspected by them, he said, before Mr Williams asked Mr Perrett and Mr Meehan who was also present, to go to the back of the mob to hold them up. While they did so, according to Mr Perrett, Mr Williams seized out of the mob a Border-Leister-Merino-cross ewe, with a black patch over its eye, which had been shorn, and which bore the brand of Mr Meehan's flock. It was one of the sheep which had been shorn and dipped in July and had joined the mob on or about 31 July. Mr Williams claimed that he had found some lice on the sheep, although according to Mr Perrett he declined to show them to him. Mr Perrett said that he challenged Mr Williams, suggesting that he would not know what a sheep louse looked like. Mr Williams denied this conversation.
58 Mr Meehan and Mrs Perrett broadly corroborated the account of Mr Perrett in relation to the sheep in which Mr Williams claimed to have found lice, and of the fact that the lice were not shown to them, and that they had not seen any woolly sheep in the mob.
59 Mr Meehan said that after Mr Williams left, he and Mr Perrett inspected the sheep, but found no lice on them. They each confirmed that they had seen sheep with lice in the past and knew the signs to be looked for.
60 It was Mr Williams' evidence, however, that the sheep on which he found the lice was not a shorn sheep of Mr Meehan. Rather, it was one of the half dozen stray half wool, cross bred lambs aged 5 to 8 months, which Mr McRae had informed him had joined the mob and were lousy. These were the only sheep, he said, in the mob that had any wool on them. They had not been seen by him when, on his account, they had carried out the "footrot and lice check at Whittakers Lagoon with the vet".
61 Mr Williams said that he pointed the lice out to Mr Clarke, a drover who happened to be with him that day, and he also claimed to have pointed it out to Mr Perrett. He accepted that he did not mark it with yellow scouradle paint or ruddle. It was his evidence that he recognised sheep lice, which he described as being pale in colour at the infantile stage, and as developing, as an adult, a gold and black colour which he likened to the "Balmain football jumper". Although he had never seen Ked, which was likened to a black tick, he was adamant that what he had seen was a louse in one woolly sheep. He said that he had also inspected some shorn sheep but did not find any lice in them. He was unable to recall whether the lice which he found were young or mature.
62 A statement made in July 1996 was provided by Mr Clarke, and he was called later to give evidence. He disclosed that he had been in the company of Mr Williams for the purpose of finding feed on the stock route for his cattle. He had little experience with sheep and had never seen sheep lice before. On his account Mr Williams caught about 3 sheep whose wool looked "rubbed". At one stage, he said, Mr Williams showed him what he claimed to be a louse on a long wool sheep. His description of the object shown to him was "something that looks like a small tick, blue white in colour", and that was moving. He had no recollection of Mr Williams specifically pointing out the object to Mr Perrett, although he said, at the trial, that he, Williams, and the other man there, were both looking at the sheep when it was let go. Mr Perrett said that Mr Clarke was back at Mr Williams' utility when Mr Williams claimed to find some lice. He denied that any sheep showed signs of being "rubbed".
63 Mr Perrett said that he asked Mr Williams to arrange for Mr Hetherington, the Moree veterinary officer, who he trusted, to come out and examine the sheep. He said that although he protested about the action, pointing out that the sheep had been dipped, Mr Williams issued a detention order (No 6556), dated 24 September 1991, requiring the mob to be detained at "Wathagal Canal back three kms to be yarded in water yard at night." The document added "Five days given before removal of sheep off route", and provided, as a reason for the order "Light lice infestation". Mr Williams denied that Mr Perrett made any protest or request for Mr Hetherington to inspect the sheep. Rather, he said, Mr Perrett accepted that lice had been found, and agreed that he needed to deal with the problem.
64 When Mr Hetherington did not arrive to inspect the sheep, Mr Perrett phoned the Moree office and was told that he was on holidays. Mr Hetherington confirmed, in his evidence, that he had in fact been on holidays at this time.
65 Mr Perrett said that Mr Williams indicated to him that unless the sheep were gone by 29 September, they would be shot and buried at his expense. He said that he obtained permission from Mr Boland, and from Roly Kilner, whose properties were located near Keytah, to use their facilities to dip the sheep. Mr Boland made it clear that the sheep could not be kept on his property but would have to go straight back onto the route after they were dipped. Mr Kilner, however, said to Mr Perrett, on his account, that he could agist them for the quarantine period on his property.
66 According to Mr Perrett, he pointed out to Mr Williams the dangers of trucking the sheep, which by then were lambing, back to their places of origin, and advised him of the arrangements which he had discussed with Messrs Kilner and Boland. Mr Williams, he said, insisted that the sheep be taken back. Mr Williams denied having any conversation in the terms described in this and the preceding paragraph, or having any knowledge of Mr Perrett's approaches to Messrs Kilner or Boland. It was his evidence that he informed Mr Perrett that he could take the sheep back to the property of origin, take them to an abattoir for slaughter, or dip the sheep and take them to another property where they would need to remain for 6 weeks.
67 The dangers which Mr Perrett said that he had in mind were those associated with the crushing of the lambs in the trucks, with the likelihood of mismothering, that is, the inability to reunite any lambs surviving the trip with their mothers, and the development of mastitis in lactating ewes when they lost their lambs. He said that he also made mention of the possibility of grass tetany due to magnesium deficiency, if the sheep were locked up for any time.
68 These complaints, Mr Perrett said, effectively fell on deaf ears, as a consequence of which he made arrangements to have the sheep, which by that time also included approximately 3000 lambs, trucked out on 30 September, at a cost of $9,838.
69 By 29 September, he said, the sheep, having been contained for several days in a small area, without feed, were hungry, and he had to hire and erect some fencing, a portable yard, and a loading ramp, in order to carry out the necessary move. Mrs Perrett explained that attempts were made to draft the dry ewes, rams and wethers off the ewes and lambs, and also off Mr McRae's sheep, although without success, due to the limitations of the makeshift facilities.
70 On Wednesday 30 September, and on Thursday 1 October, the sheep were moved from the holding paddock. Messrs Hovenden and Williams from the Moree Board, said that they were present on 30 September. There was some uncertainty, or possibly a difference, as to the precise location where the sheep were held, Mr Perrett variously indicating, that they were held and taken from Keytah, or the Wathega watering point, or Telleregeh.
71 Mr Williams said, as his diary recorded, that the sheep were held, at this time, at the 26 Mile on the Colly Road. In view of Mr Perrett's incorrect identification of the various locations on the maps that were tendered, and Mr Williams' greater familiarity with the Moree TSR, and the contemporary documentation, I am satisfied that his evidence should be preferred in this respect.
72 Mr Beatty indicated to Mr Perrett, according to him, that he had to get permission from Mr Smith at Glen Innes, for the sheep to be allowed back into the Glen Innes Board area, but that they had not been able to contact him. According to him, Mr Beatty instructed the drivers to take their trucks into Moree to wait for further instructions. There they waited, he said, with the sheep on board, in the hot sun, until about 1.00 pm, when they were allowed to leave for Glen Innes. Other trucks arrived at Keytah during the remainder of the afternoon and on the following day, to move the remaining sheep.
73 Mr Smith said that he received a telephone call from Mr Beatty on 30 September, advising that lice had been found in the plaintiffs' sheep on the stock route. A fax was sent to Mr Smith from Mr Hovenden at 2.50 pm that day, advising that the dry sheep were being taken to "Nassau" and that the ewes and lambs would be trucked in the morning to "Rosemeadow".
74 A stock movement order (No 03092) was issued on 30 September 1991 under Mr Hovenden's signature, in which reference was made to the presence of "lice infestation", and to the requirements that the stock were to be moved "to the owner's properties to be sold if possible", that the inspector at Glen Innes was to be advised on arrival, and that the stock were not to be allowed to stray from the properties mentioned, or to be moved without the written permission of an inspector.
75 A letter was also given to Mr Perrett that day, signed by Mr Hovenden, warning him of the animal welfare implications of locking large numbers of sheep in small paddocks over an extended period of time, and pointing out that the responsibility for their welfare was his.
76 The stock movement order required that 1000 lambs, and 1000 ewes and lambs, be returned to "Rosemeadow", and that 1600 dry sheep be taken to "Nassau". Mr Hovenden, the Senior Ranger and Supervisor of Mr Williams at the time, said that he did not himself inspect the sheep, but relied upon Mr Williams' advice. On the same day he also issued a stock movement order (03093) to Mr McRae to move 700 of his mixed sheep back to his property at "Beachwood-Elor", in similar terms. In each case, he said, the numbers were obtained from Mr Perrett and Mr McRae at the 26 mile PWP.
77 Mr Hovenden said that he had no association with Mr Perrett prior to these events, had never spoken to his wife and had little contact with Mr Perrett other than in relation to the stock movement orders and in relation to an attempt which had been made, at one stage, to recover travelling charges from him for the subject sheep. Mr Perrett contradicted this account in one of his affidavits, suggesting that Mr Hovenden had "often called in to see how things were going", and had delivered a final clearance to him after an inspection at the Meroe Reserve on 2 August. In this same affidavit he asserted that his sheep were inspected "following a meeting in the Board office with Mr McRae when he asked them to quarantine the sheep to get even with me". He also claimed that all fees due to the Moree Board were paid punctually, and that he was in fact in credit.