CITATION: Kenneth A Pethers v Minister for Agriculture [2010] NSWSC 805 HEARING DATE(S): 15 July 2010 JURISDICTION: Equity JUDGMENT OF: Pembroke J EX TEMPORE JUDGMENT DATE: 15 July 2010 DECISION: See judgment CATCHWORDS: PLEADING - summary dismissal - no reasonable cause of action - no recognisable orthodox relief sought - PLEADING - oppressive unintelligible, confused and complex LEGISLATION CITED: Stock Diseases Act 1923
Stock Diseases Regulation 2009CATEGORY: Principal judgment CASES CITED: General Steel Industries Inc v Commissioner for Railways (1964) 112 CLR 125
Gunns Limited v Marr [2005] VCS 251
Kirby v Sanderson Motors Pty Limited (2001) 54 NSWLR 135
McGuirk v The University of New South Wales [2009] NSWSC 1424
Shelton v National Roads & Motorists Association Limited [2004] FCA 1393PARTIES: Kenneth A Pethers
Minister for AgricultureFILE NUMBER(S): SC 2008/278916 COUNSEL: K A Pether - Litigant in person (Plaintiff)
Ms G Mahony - for the DefendantSOLICITORS: K A Pether - Litigant in person (Plaintiff)
NSW Crown Solicitor - for the Defendant
IN THE SUPREME COURT
OF NEW SOUTH WALES
EQUITY DIVISION
PEMBROKE J
THURSDAY 15 JULY 2010
2008/278916 - K A PETHERS v MINISTER FOR AGRICULTURE
EX TEMPORE JUDGMENT
1 HIS HONOUR: The plaintiff is a grazier who conducts a grazing business in northern New South Wales. By his amended Statement of Claim filed on 11 June 2010 he seeks the following remedy:
PROPOSED REMEDY: I am not indisposed to a reasonable settlement, nor a state contiguity with an identification or tracking operation. However sufficient condition already existed with vendor declarations and the obligatory docketing and notation through sales and registered stock agents. These systems are more accurate in addition to more trustworthy, at hand and detail a descriptive account of age, style and sex of the subjects. Moreover the traditional tailtag, invariably used in sequence (and so numbered), has distinct advantage of indicating vendor and booked in as a superior article (ten weaner steers, two black cows etc) does not inculcate in the minds of handlers, agents, abbittoir workers and the like, a diminution of responsibility, thinking that (even subliminally) a scanner or machine will do that. Only a contemporaneous, passive non invasive scenario of non wireless tailtags. A pathway from breeding onto finishing, then slaughter, without the stress, fresh wound, contusions to head neck and shoulder, agitated handling and passage through the process, will ensure optimal meat quality. Rescue from bankruptcy, and, acceptance of effect that has been an unbearable holocaust for myself and animals. That has been a great personal pain, damage and cost, that must stop, and resolve sought forthwith and duly recorded.
2 It is, I regret to say, transparently obvious from the description of the remedy which the plaintiff seeks that this is not a conventional proceeding based upon an orthodox cause of action seeking orthodox relief.
The Defendants
3 There are three named defendants but in reality there may only be one, namely the Minister for Agriculture. The Minister is the second defendant. He seeks an order, among…
Keep reading for free
Create a free CaseChat account to read Pethers v Minister for Agriculture and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2010] NSWSC 805
- Decision Date
CaseChat Overview and Summary
The primary legal issues that the court had to address were whether the plaintiff's pleadings disclosed a reasonable cause of action and whether the plaintiff was seeking recognisable orthodox relief. Additionally, the court considered whether the pleadings were oppressive, unintelligible, confused, and complex to the extent that they would make it unjust to require the defendant to respond.
The court found that the plaintiff's claims were not supported by any plausible legal basis, and the pleadings did not seek any recognisable form of relief that could be granted by the court. The pleadings were deemed to be overly complex, confusing, and oppressive, making it difficult to discern any coherent legal argument. Consequently, the court concluded that there was no reasonable cause of action and that the plaintiff had not identified any orthodox relief that could be granted. The court found that the pleadings were so unclear and convoluted that it would be unjust to require the Minister for Agriculture to respond to them.
The Federal Court ordered that the plaintiff's case be summarily dismissed due to the lack of any reasonable cause of action and the oppressive nature of the pleadings. The court further determined that the costs of the proceedings should be awarded to the Minister for Agriculture. This outcome underscored the importance of clarity and coherence in legal pleadings, especially in cases involving complex administrative and legislative decisions.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.