Young v Sprague [2014] NSWCA 456

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Young v Sprague [2014] NSWCA 456 Hearing dates: 18 December 2014 Decision date: 19 December 2014 Before: Macfarlan JA; Sackville AJA Decision: 1. Extend the time for filing the summons for leave to appeal until 1 October 2014. 2. Dismiss the summons. 3. Order the applicant (Mr Young) to pay the respondents' costs of the summons for leave to appeal and of the application for an extension of time to file the summons. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: APPEAL - application for leave to appeal - no reasonable prospects of success if leave granted Legislation Cited: District Court Act 1973 (NSW) s 127 Prevention of Cruelty to Animals Act 1979 (NSW) ss 24E, 24G Cases Cited: Be Financial Pty Ltd v Das [2012] NSWCA 164 Collier v Lancer (No 2) [2013] NSWCA 186 Young v Sprague (District Court (NSW), Norton SC DCJ, 10 March 2014, unrep) Category: Principal judgment Parties: Gary Young (Appellant) Jean Sprague (First Respondent) Anthony Croker (Second Respondent The Royal Society for the Prevention of Cruelty to Animals (Third Respondent) State of New South Wales (Fourth Respondent) Representation: Counsel: In person (Appellant) P Morris SC (First, Second and Third Respondent) G Bateman (Fourth Respondent) Solicitors: Moray & Agnew (First, Second and Third Respondents) Crown Solicitor (Fourth Respondent) File Number(s): 2014/289163 Decision under appeal Jurisdiction: 9101 Date of Decision: 2014-03-10 00:00:00 Before: Norton SC DCJ File Number(s): 11/254369