Fleet v Royal Society for the Prevention of Cruelty to Animals [2007] NSWSC 1420

New South Wales Supreme Court

CITATION : Fleet v Royal Society for the Prevention of Cruelty to Animals [2007] NSWSC 1420

HEARING DATE(S) : 27 November 2007

JUDGMENT DATE : 11 December 2007

JURISDICTION : Common Law

JUDGMENT OF : Associate Justice Harrison

DECISION : (1) The paragraphs in the amended statement of claim filed on 28 February 2006 that are headed "false imprisonment", "battery", "trespass", "search and seizure" which occurred on 6 August 1997 as against the fourth defendant have not been struck out. The balance of the amended statement of claim is struck out; (2) A status conference is to be allocated; (3) Court to notify parties.

CATCHWORDS : Strike out remaining parts of statement of claim: due despatch

Civil Procedure Act 2005 Crimes Act 1900 LEGISLATION CITED : Limitation Act 1969 Supreme Court Act 1970 Uniform Civil Procedure Rules 2005

Bega Co-operative Society Limited v The Milk Authority of the Australian Capital Territory (unreported 12 May 1992, Frederal Court; 325 FC 39) Bruce v Odhams Press Ltd (1936) 1 KB 697 Charlie Carter Pty Ltd v Shop, Disctributive and Allied Employees' Association of Western Australia (1987) 13 FCR 413 CASES CITED : Fleet v Royal Society for the Prevention of Cruelty to Animals NSW [2005] NSWSC 926 Fleet v Royal Society for the Prevention of Cruelty to Animals NSW [2007} NSWSC 334 Ratcliffe v Evans (1892) 2 QB 524 Sovar v Henry Lane Pty Ltd (1967) 116 CLR 397

Dr Robert Fleet (Plaintiff) Royal Society for the Prevention of Cruelty to Animals NSW (First Defendant) PARTIES : Louise Mary Parker (Second Defendant) Graeme Dymond (Third Defendant) State of New South Wales (Fourth Defendant)