Fleet v Royal Society for the Prevention of Cruelty to Animals NSW

Dr Fleet appealed to the Court of Appeal of the Supreme Court of New South Wales against interlocutory decisions made in that Court. The Royal Society for the Prevention of Cruelty to Animals NSW was the respondent. Dr Fleet sought to bring proceedings in the nature of a "case stated" and alleged that judgments had been obtained by fraud. He also sought to vary or discharge a decision of a single judge of the Court of Appeal and other ancillary orders.

The Court of Appeal was required to determine whether it had the statutory or general law entitlement to hear a "case stated" in these circumstances. It also had to consider whether the continuation of the proceedings constituted an abuse of process, given the allegations of fraud. Furthermore, the Court needed to assess whether Dr Fleet had demonstrated any error in the decision of the single judge of the Court of Appeal, and whether the other orders sought could be made independently of properly constituted proceedings before the Court.

The Court held that there was no statutory or general law basis for entertaining a "case stated" in the manner sought by Dr Fleet. It found that the proceedings were an abuse of process, particularly as Dr Fleet had not sought leave to appeal in accordance with section 101(2)(e) of the *Supreme Court Act 1970* (NSW). The Court concluded that Dr Fleet had failed to point to any error in the decision of the single judge and that the orders sought were ancillary to proceedings that were not properly before the Court.

Accordingly, the Notice of Motion filed by Dr Fleet on 28 July 2008 was dismissed with costs.