Fleet v Royal Society for the Prevention of Cruelty to Animals NSW & Ors [2007] NSWSC 334

Fleet v Royal Society for the Prevention of Cruelty to Animals NSW & Ors [2007] NSWSC 334

The causes of action pleaded in tort are statute barred as they were commenced outside the six-year limitation period, are not maintainable, and the Amended Statement of Claim is fundamentally deficient; therefore, the substantive pleading is to be struck out subject to orders to be settled and relisting for final orders.

Jurisdiction
Australia
Judgment Date
16 April 2007
Procedural Posture
Civil / Interlocutory Application for Orders to Strike Out Amended Statement of Claim
Outcome
Matter to be relisted for final orders after defendants prepare short minutes reflecting the conclusions; parts of the Amended Statement of Claim to be struck out as specified; all pleadings against the District Court of NSW to be struck out.
Legal Topics
['striking Out Pleadings' 'statute of Limitations' 'trespass' 'malicious Prosecution' 'abuse of Process' 'defamation' 'breach of Statutory Duty']
['civil Procedure' 'torts'] ['striking Out Pleadings' 'statute of Limitations' 'trespass' 'malicious Prosecution' 'abuse of Process' 'defamation' 'breach of Statutory Duty']

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Procedural Posture

Civil / Interlocutory Application for Orders to Strike Out Amended Statement of Claim

Legal Issues

  1. 1 ['Whether the Amended Statement of Claim discloses viable causes of action' 'Whether the claims are statute barred under s14(1)(b) Limitation Act 1969' 'Whether the pleadings are deficient for want of particulars or other legal flaws' 'Whether claims against the District Court of NSW should be struck out']

Ratio Decidendi

The causes of action pleaded in tort are statute barred as they were commenced outside the six-year limitation period, are not maintainable, and the Amended Statement of Claim is fundamentally deficient; therefore, the substantive pleading is to be struck out subject to orders to be settled and relisting for final orders.

Court Disposition

Matter to be relisted for final orders after defendants prepare short minutes reflecting the conclusions; parts of the Amended Statement of Claim to be struck out as specified; all pleadings against the District Court of NSW to be struck out.

Orders

  • ['Each remaining defendant to prepare and serve on Dr Fleet short minutes reflecting these conclusions and the orders flowing therefrom.' 'The matter to be relisted thereafter for the making of final orders.']