Young v Royal Society for the Prevention of Cruelty to Animals New South Wales t/as RSPCA [2020] NSWSC 1001

Supreme Court New South Wales

Medium Neutral Citation: Young v Royal Society for the Prevention of Cruelty to Animals New South Wales t/as RSPCA [2020] NSWSC 1001 Hearing dates: 27 July 2020 Decision date: 31 July 2020 Jurisdiction: Common Law Before: Adamson J Decision: (1) Dismiss the defendants' notice of motion filed on 14 April 2020. (2) Order the defendants to pay the plaintiff's costs. (3) Subject to order (4) below, order, pursuant to s 51(1)(b) of the Supreme Court Act 1970 (NSW) that the proceedings be removed into the Court of Appeal and list the matter before the Registrar of the Court of Appeal at 9am on Monday 10 August 2020. (4) If either party opposes the order for removal in (3) above, direct such party to send to my Associate by email any submissions on which he, she or it proposes to rely, by 5pm on 4 August 2020, in order that the question of whether order (3) ought be vacated can be determined on the papers before the listing date in order (3). Catchwords: CIVIL PROCEDURE — Summary disposal — Dismissal of proceedings — Abuse of process — where plaintiff sought relief under Supreme Court Act 1970 (NSW) s 69 against judgment of District Court striking out claim for malicious prosecution — whether abuse of process not to have sought relief by way of application for leave to appeal CIVIL PROCEDURE — Summary disposal — Dismissal of proceedings — whether reasonable cause of action disclosed — claim for malicious prosecution in District Court — where District Court found that order made under Mental Health (Forensic Provisions) Act 1990 (NSW) s 32 is not a termination in favour of the plaintiff — whether arguable jurisdictional error or error of law CIVIL PROCEDURE — Court administration — Removal to Court of Appeal Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), s 11 Crimes (Sentencing Procedure) Act 1999 (NSW), ss 9, 10A District Court Act 1973 (NSW), s 127 Liquor Act 1982 (NSW) (rep), s 146 Mental Health (Forensic Provisions) Act 1990 (NSW), s 32 Prevention of Cruelty to Animals Act 1979 (NSW), ss 5, 6, 8 Supreme Court Act 1970 (NSW), ss 48, 51, 69, 70 Uniform Civil Procedure Rules 2005 (NSW), rr 13.4, 14.28, 14.29, 42.1 Cases Cited: A v New South Wales (2007) 230 CLR 500; [2007] HCA 10 Australian Securities and Investments Commission v Farley (2001) 51 NSWLR 494; [2001] NSWSC 326 Hill v King (1993) 31 NSWLR 654 Meagher v Stephenson (1993) 30 NSWLR 736 New South Wales v Quirk [2012] NSWCA 216 Quirk v State of New South Wales [2011] NSWSC 341 Wickstead v Browne (1992) 30 NSWLR 1 Young v RSPCA (No 2) [2019] NSWDC 754 Category: Principal judgment Parties: Gary Young (Plaintiff) Royal Society for the Prevention of Cruelty to Animals; New South Wales t/as RSPCA (First Defendant) Jean Sprague (Second Defendant) Representation: Counsel: Self-represented (Plaintiff) S Chrysanthou / N Olson (Defendants)