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

[2008] FCA 1905

FEDERAL COURT OF AUSTRALIA

Fleet v Royal Society for the Prevention of Cruelty to Animals of New South Wales [2008] FCA 1905

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

NSD 86 of 2005

TAMBERLIN J
9 DECEMBER 2008
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 86 of 2005

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 86 of 2005

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 Moore on 16 February 2005.

2. I am satisfied that Dr Fleet has failed to prosecute the proceeding with due diligence within the meaning of order 35A of the Federal Court Rules and accordingly I dismiss the notice of motion, that is to say, prayers number 1 through 5, in accordance with O 35A r 2(1)(f) of the Federal Court Rules.

I certify that the preceding two (2) 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