Young v RSPCA NSW (No. 2) [2019] NSWDC 754

District Court New South Wales

Medium Neutral Citation: Young v RSPCA NSW (No. 2) [2019] NSWDC 754 Hearing dates: 28 November 2019 Date of orders: 17 December 2019 Decision date: 17 December 2019 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) The claims against the first to third defendants for the "First Cause of Action" (malicious prosecution) and, as to the first defendant, the "Third Cause of Action" (defamation) are struck out and dismissed. (2) The claims against the first to third defendants for the "Second Cause of Action" (abuse of process) are struck out but with leave to replead, such leave to be exercised by 3 February 2020. (3) The costs of the plaintiff's claim against the first to third defendants are reserved, with liberty to apply. (4) The plaintiff's claims against the fourth defendant in the "Third Cause of Action" (defamation) are struck out and dismissed. (5) The plaintiff's claims against the fifth defendant in the "Fourth Cause of Action" (defamation) are struck out and dismissed. (6) The plaintiff is to pay the fourth and fifth defendants' costs of this application and of the proceedings, with liberty to the parties to apply. (7) The remaining proceedings for abuse of process as between the plaintiff and the first to third defendants are stood over for further directions, including a timetable for further argument, to the Defamation List on Thursday 6 February 2020. Catchwords: TORT – convictions of the plaintiff in 2012 for offences under the Cruelty to Animals Act 1979 (NSW) set aside in 2016 under s 32 Mental Health (Forensic Provisions) Act 1990 (NSW) – plaintiff brings proceedings for malicious prosecution, abuse of process and defamation against parties asserted to be prosecutors, a broadcaster and Google Inc – defendants bring applications for summary dismissal of all claims