Denny v RSPCA NSW

In *Denny v RSPCA NSW*, the applicant sought judicial review of decisions made by the respondent. The matter came before Brereton JA of the Court of Appeal.

The primary legal issue before the Court was whether the proceedings should be summarily dismissed for want of due despatch, given multiple previous defaults by the applicant. The Court also considered the need to bring the proceedings into order.

Brereton JA acknowledged the applicant's recent compliance with directions but noted the history of defaults. The Court determined that while the proceedings should not be dismissed outright at that juncture, strict conditions were necessary to ensure progress. Accordingly, the Court ordered the applicant to file and serve an Amended Summons by 14 February 2022, clearly specifying the decisions under review and the grounds for judicial review. This order was made with a self-executing dismissal provision, meaning that failure to comply would result in the proceedings being dismissed with costs. The proceedings were otherwise adjourned for further directions.