Swift v RSPCA – Yagoona [2022] NSWSC 876

Supreme Court New South Wales

Medium Neutral Citation: Swift v RSPCA – Yagoona [2022] NSWSC 876 Hearing dates: 30 March and 1 April 2022 Date of orders: 1 April 2022 Decision date: 01 July 2022 Jurisdiction: Common Law Before: Ierace J Decision: (1) The application for leave to appeal the decision of Magistrate Brender on 24 March 2022 to not grant an adjournment of the hearing of RSPCA v Swift is refused. (2) The plaintiff is to pay the costs of, and incidental to, the hearing of the summons. Catchwords: CRIME – Appeal and review – Application for leave to appeal from interlocutory decision of Local Court under s 53(3)(b) Crimes (Appeal and Review) Act 2001 (NSW) – where Local Court hearing concerned six charges against plaintiff contrary to Prevention of Cruelty to Animals Act 1979 (NSW) – where application for an adjournment of Local Court proceedings refused by Magistrate – whether leave should be granted to appeal against Local Court decision – whether grounds of application for review to Supreme Court confined to question of law alone – whether plaintiff discharged onus to demonstrate that Magistrate's decision was unreasonable – whether Magistrate's reasons for decision to refuse adjournment inadequate or unreasonable – whether adequate consideration and weight given by Magistrate to availability of legal representation and expert evidence Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), s 53(3)(b) Criminal Procedure Act 1986 (NSW), s 40 Prevention of Cruelty to Animals Act 1979 (NSW) Cases Cited: Belan v Office of the Director of Public Prosecutions (NSW) [2021] NSWCA 96 Campbelltown City Council v Vegan (2006) 67 NSWLR 372; [2006] NSWCA 284 Fleming v The Queen (1998) 197 CLR 250; [1998] HCA 68 Hunter v Transport Accident Commission [2005] VSCA 1 Legal Practitioners Complaints Committee v A Practitioner (1987) 46 SASR 126 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 Category: Principal judgment Parties: Rosemary Swift (Plaintiff) RSPCA – Yagoona (First Defendant) Local Court of New South Wales (Second Defendant) Representation: Counsel: Mr D Eardley (Plaintiff) Mr M Higgins (First Defendant) Submitting Appearance (Second Defendant)