DOWNEY v ACTING DISTRICT COURT JUDGE BOULTON (NO 4) [2010] NSWCA 114

DOWNEY v ACTING DISTRICT COURT JUDGE BOULTON (NO 4) [2010] NSWCA 114

The application for separate hearing of certain issues was rejected as separation would not promote efficiency or save expense; directions sought regarding admissions and compliance with notice to produce were declined as criteria for such directions (including bona fide dispute, precision, and materiality) were not met; procedural orders were made for filing of affidavits and submissions, reservation of costs, fixing of hearing date, and dismissal of respondents' notice of motion.

Parties
Applicant: Ruth Downey; First Respondent: Acting District Court Judge Boulton; Second Respondent: Royal Society for the Prevention of Cruelty to Animals; Third Respondent: District Court of New South Wales; Fourth Respondent: State of New South Wales; Fifth Respondent: Gary Ashton
Jurisdiction
Australia
Judgment Date
20 May 2010
Procedural Posture
Application for Judicial Review / Interlocutory Directions and Procedural Orders
Outcome
Procedural orders; separation of issues application rejected; leave granted to file second further amended summons; motions disposed; costs reserved.
Legal Topics
Judicial Review, Validity of Statute, Separation of Issues, Compliance With Notice to Produce, Admissions of Facts
Civil Procedure Constitutional Law Judicial Review Validity of Statute Separation of Issues Compliance With Notice to Produce Admissions of Facts

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Parties

Ruth Downey

Applicant

Acting District Court Judge Boulton

First Respondent

Royal Society for the Prevention of Cruelty to Animals

Second Respondent

District Court of New South Wales

Third Respondent

State of New South Wales

Fourth Respondent

Gary Ashton

Fifth Respondent

Procedural Posture

Application for Judicial Review / Interlocutory Directions and Procedural Orders

Legal Issues

  1. 1 Constitutional validity of appointment of acting judge under District Court Act 1973 (NSW) s 18
  2. 2 Validity of ss 34 and 34B of the Prevention of Cruelty to Animals Act 1979 (NSW)
  3. 3 Compliance with notice to produce

Ratio Decidendi

The application for separate hearing of certain issues was rejected as separation would not promote efficiency or save expense; directions sought regarding admissions and compliance with notice to produce were declined as criteria for such directions (including bona fide dispute, precision, and materiality) were not met; procedural orders were made for filing of affidavits and submissions, reservation of costs, fixing of hearing date, and dismissal of respondents' notice of motion.

Court Disposition

Procedural orders; separation of issues application rejected; leave granted to file second further amended summons; motions disposed; costs reserved.

Orders

  • Applicant to file and serve affidavits in reply by 26 May 2010.
  • Applicant to file and serve written submissions by 26 May 2010.