NSW Caselaw
New South Wales Court of Appeal
CITATION: Fleet v Royal Society for the Prevention of Cruelty to Animals NSW & Ors [2008] NSWCA 227
HEARING DATE(S): 8 September 2008
JUDGMENT DATE: 24 September 2008
JUDGMENT OF: Basten JA at 1; Campbell JA at 1; Handley AJA at 1
DECISION: Notice of Motion filed by Dr Fleet 28 July 2008 dismissed with costs.
CATCHWORDS: PRACTICE AND PROCEDURE – Supreme Court procedure – where appellant seeks review of interlocutory decisions made in a Division of the Supreme Court in the Court of Appeal – where appellant does not seek leave to appeal in accordance with s 101(2)(e) Supreme Court Act 1970 – where appellant seeks to bring proceedings in the nature of a "case stated" – whether statute or general law entitled court to hear "case stated" – where appellant alleges judgments obtained by fraud – whether continuation of proceedings an abuse of process – where appellant seeks order varying or discharging decision of single judge of Court of Appeal – whether appellant pointed to error in decision – where appellant seeks other orders – where orders sought could only be made by Court of Appeal as ancillary to proceedings properly on foot
Arbitration Act 1902 Civil Procedure Act 2005 Criminal Appeal Act 1912 LEGISLATION CITED: Justices Act 1902 Supreme Court Act 1970 Supreme Court Rules Uniform Civil Procedure Rules
CATEGORY: Principal judgment
Application of Cannar; re Eubanks [2003] NSWSC 802 Craig v South Australia [1995] HCA 58; (1994) 184 CLR 163 Ex parte Groot; Re Myers (1958) 75 WN (NSW) 496 Fleet v Royal Society for Prevention of Cruelty to Animals NSW [2005] NSWSC 926 Fleet v Royal Society for the Prevention of Cruelty to Animals [2007] NSWSC 1420 CASES CITED: Fleet v Royal Society for the Prevention of Cruelty to Animals NSW [2007] NSWSC 334 Kotsis v Kotsis (1969) 14 FLR 481 Preston v Harbour Pacific Underwriting Management Pty Ltd [2007] NSWCA 247 Riley McKay Pty Ltd v McKay [1982] 1 NSWLR 264 Rockcote Industries Pty Ltd v FS Architects Pty Ltd (No 2) [2008] NSWCA 205 Rockdale Beef Pty Ltd v Industrial Relations Commission of New South Wales [2007] NSWCA 128; (2007) 165 IR 7 Wentworth v Wentworth (1994) 35 NSWLR 726
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