Curmi v Blacktown City Council [2023] NSWSC 1197

Curmi v Blacktown City Council [2023] NSWSC 1197

The Court granted a limited stay because the material showed a prima facie ground of appeal against the Local Court destruction order and the balance of convenience favoured a stay, as destruction of the dog before appeal grounds were exhausted would be irreparable.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
19 September 2023
Procedural Posture
Summons Seeking Stay of Local Court Destruction Order / Urgent Ex Parte Application Before Equity Duty Judge
Outcome
Stay granted until 29 September 2023; matter stood over and plaintiff referred for possible pro bono assistance.
Legal Topics
['stay of Local Court Order' 'destruction Order for Dangerous Dog' 'companion Animals' 'pro Bono Referral']
['practice and Procedure' 'animal Law'] ['stay of Local Court Order' 'destruction Order for Dangerous Dog' 'companion Animals' 'pro Bono Referral']

Source-derived case record

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Procedural Posture

Summons Seeking Stay of Local Court Destruction Order / Urgent Ex Parte Application Before Equity Duty Judge

Legal Issues

  1. 1 ['Whether the Supreme Court should stay the Local Court at Blacktown order made on 8 September 2023 for the destruction of the dog named Max.' 'Whether there was a prima facie ground of appeal against the destruction order.' 'Whether the balance of convenience supported a stay because destruction of the dog before appeal grounds were exhausted would be irreparable.']

Ratio Decidendi

The Court granted a limited stay because the material showed a prima facie ground of appeal against the Local Court destruction order and the balance of convenience favoured a stay, as destruction of the dog before appeal grounds were exhausted would be irreparable.

Court Disposition

Stay granted until 29 September 2023; matter stood over and plaintiff referred for possible pro bono assistance.

Orders

  • ['Stay the order made by Local Court at Blacktown on 8 September 2023 for the destruction of the dog named "Max" owned by the plaintiff until 29 September 2023.' 'Direct that a copy of the Summons and these orders are to be served by email to council@blacktown.nsw.gov.au and BARCadmin@blacktown.nsw.gov.au by 6:15pm...