HUTCHISON V. BIENVENU

HUICHISON

BIENVENU

REASONS FOR JUDGMENT

on... LURSDAY 19th OCTOBRR.1974._.

nd CERRINA ID

HUTCHISON v. BIENVENU

JUDGMENT. WALSH J.

HUTCHISON v. BIENVENU

This is an application by the Crown Solicitor for the Commonwealth for an order, pursuant to 0. 63 r. 6 of the High Court Rules, that the respondent Mrs. Bienvenu shall not without the leave of this Court or a Justice begin any action, appeal or other proceeding in the Court.

In affidavits in support of the application reference is made to fourteen proceedings by the respondent in this Court. But the applicant does not rely upon all of them. I propose to refer separately to each proceeding upon which the applicant does rely. But before doing that I shall state the events which preceded the making of a sequestration order against the respondent's estate, for it is the existence of that order which has led to many of the subsequent proceedings with which this application is concerned.

In 1965, the respondent issued a writ (No. 1720 of 1965) in the Supreme Court of Victoria against the Royal Society for the Prevention of Cruelty to Animals (previously called the Victorian Society for the Protection of Animals). She sought declarations that the society had no valid by-laws. In a decision given on 9th March 1967, Starke J. gave judgment in the action for the defendant and ordered that the defendant's costs be paid by the

plaintiff. His Honour's judgment is reported as Bienvenu v. Royal Society for Protection of Animals /T9677 V.R. 656. His Honour held that the society had no valid by-laws, but

he held for reasons stated in his judgment which I need not repeat that the plaintiff in the action was precluded by an earlier action which she had brought and by her reliance in that action upon the validity of the by-laws from asserting their invalidity and he held also that she had no sufficient interest to maintain the action.