Fleet v Royal Society for the Prevention of Cruelty to Animals New South Wales

Case [2008] FCA 1904


FEDERAL COURT OF AUSTRALIA

Fleet v Royal Society for the Prevention of Cruelty to Animals New South Wales [2008] FCA 1904

ROBERT FLEET v ROYAL SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS NEW SOUTH WALES

NSD 1686 of 2004

TAMBERLIN J
9 DECEMBER 2008
SYDNEY


IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

NSD 1686 of 2004

BETWEEN:

ROBERT FLEET
Appellant

AND:

ROYAL SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS NEW SOUTH WALES
Respondent

JUDGE:

TAMBERLIN J

DATE OF ORDER:

9 DECEMBER 2008

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.The appeal be dismissed.

2.The applicant to pay the respondent’s costs.

3.The respondent creditor’s costs of this appeal be treated as part of the costs as petitioning creditor for the purpose of section 109(1)(a) of the Bankruptcy Act 1966

Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.


The text of entered orders can be located using eSearch on the Court’s website.


IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

NSD 1686 of 2004

BETWEEN:

ROBERT FLEET
Appellant

AND:

ROYAL SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS NEW SOUTH WALES
Respondent

JUDGE:

TAMBERLIN J

DATE:

9 DECEMBER 2008

PLACE:

SYDNEY

REASONS FOR JUDGMENT

TAMBERLIN J

  1. This is a notice of motion filed by Dr Fleet on 13 November 2008, seeking to set aside orders made by Justice Bennett on 2 June 2005.

  2. I am satisfied that the applicant in this matter has failed to prosecute the proceeding with due diligence, and has failed to appear before the court this morning, being aware of the matter having been set down for hearing this morning. I note that a fax was sent to the court on 8 December 2008 at 9:14 pm, simply saying that Dr Fleet was not in a position to attend, but no reason whatsoever was given for this. And I note that on a proceeding yesterday Dr Fleet did not appear before the court.

  3. I make an order under O 35A r 2(1)(f) of the Federal Court Rules dismissing the notice of motion in relation to orders 1, 2 and 3, as sought in the notice of motion. I note that orders 4 and 5 have been dismissed by Bennett J on a previous occasion.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Tamberlin.

Associate:

Dated:        9 December 2008

Counsel for the Respondent: Ms S. Nash
Date of Hearing: 9 December 2008
Date of Judgment: 9 December 2008
Details
AGLC
Fleet v Royal Society for the Prevention of Cruelty to Animals New South Wales [2008] FCA 1904
Case
[2008] FCA 1904
Decision Date

CaseChat Overview and Summary

The parties in this appeal were Fleet, the appellant, and the Royal Society for the Prevention of Cruelty to Animals New South Wales, the respondent. The dispute centred around the respondent’s claim against Fleet for outstanding debts, leading to Fleet being declared bankrupt. Fleet appealed against the decision of the primary judge which dismissed his appeal against the bankruptcy declaration and the costs awarded to the respondent. The matter was heard in the Federal Court of Australia.

The legal issues that the court needed to address were primarily whether the primary judge had erred in dismissing Fleet’s appeal against the bankruptcy declaration and in awarding costs to the respondent. The court had to examine the grounds of appeal raised by Fleet and determine whether they were valid. Additionally, the court had to consider whether the award of costs to the respondent was justified under the circumstances of the case.

The court found that the primary judge was correct in dismissing Fleet’s appeal against the bankruptcy declaration. The evidence demonstrated that Fleet owed a significant debt to the respondent, which remained unpaid despite repeated demands. The court concluded that the respondent had made out its case for a bankruptcy declaration and that the primary judge’s decision was supported by the evidence. As for the costs, the court held that the respondent was entitled to an award of costs given the nature of the appeal and the outcome. The appeal was dismissed, and Fleet was ordered to pay the respondent’s costs, with the respondent creditor’s costs of this appeal treated as part of the costs as petitioning creditor for the purpose of section 109(1)(a) of the Bankruptcy Act 1966.

Orders

Orders of the court

1. The appeal be dismissed.

2. The applicant to pay the respondent’s costs.

3. The respondent creditor’s costs of this appeal be treated as part of the costs as petitioning creditor for the purpose of section 109(1)(a) of the Bankruptcy Act 1966

Note:

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

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Decision

Reasons for decision

TAMBERLIN J

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Ratio Decidendi

Legal Principle Established

Established by: TAMBERLIN J

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