Denny v RSPCA NSW [2021] NSWCA 342

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Denny v RSPCA NSW [2021] NSWCA 342 Hearing dates: 13 December 2021 Date of orders: 13 December 2021 Decision date: 13 December 2021 Before: Brereton JA Decision: 1. Direct that by 14 February 2022 the applicant file and serve an Amended Summons specifying each decision in respect of which judicial review is sought, and with particularity the grounds upon which judicial review is sought. 2. If the applicant does not comply with order 1, the proceedings are dismissed with costs. 3. The proceedings are otherwise adjourned to 21 February 2022 before the Registrar for further directions. Catchwords: CIVIL PROCEDURE – Court of Appeal – Summary disposal – Dismissal of proceedings – Want of due despatch – Multiple defaults by applicant to date – Submissions now filed and applicant not presently in default – Remaining need for proceedings to be brought into order – Orders made for filing of Amended Summons but with self-executing dismissal of application if not complied with Legislation Cited: Supreme Court Act 1970 (NSW), s 46 Uniform Civil Procedure Rules 2005 (NSW), r 12.7 Category: Procedural rulings Parties: Janice Louise Denny (Applicant/Respondent on Motion) RSPCA NSW (Respondent/Applicant on Motion) Representation: Counsel: Self-represented (Applicant/Respondent on Motion) M Higgins (Respondent/Applicant on Motion)

Solicitors: General Counsel, RSPCA NSW (Respondent/Applicant on Motion) File Number(s): 2021/168939 Decision under review Court or tribunal: District Court – Nowra Registry Local Court – Bega Registry Jurisdiction: Common Law Date of Decision: 26 May 2021 12 May 2021 Before: Noman SC DCJ Dick LCM File Number(s): 2020/78805 2020/322001