Young v Sprague

[2014] NSWCA 456

Court of Appeal

New South Wales

Case Title:

Young v Sprague

Medium Neutral Citation:

[2014] NSWCA 456

Hearing Date(s):

18 December 2014

Decision Date:

19 December 2014

Before:

Macfarlan JA; Sackville AJA

Decision:

1. Extend the time for filing the summons for leave to appeal until 1 October 2014.

2. Dismiss the summons.

3. Order the applicant (Mr Young) to pay the respondents' costs of the summons for leave to appeal and of the application for an extension of time to file the summons.

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]

Catchwords:

APPEAL - application for leave to appeal - no reasonable prospects of success if leave granted

Legislation Cited:

District Court Act 1973 (NSW) s 127
Prevention of Cruelty to Animals Act 1979 (NSW) ss 24E, 24G

Cases Cited:

Be Financial Pty Ltd v Das [2012] NSWCA 164
Collier v Lancer (No 2) [2013] NSWCA 186
Young v Sprague (District Court (NSW), Norton SC DCJ, 10 March 2014, unrep)

Category:

Principal judgment

Parties:

Gary Young (Appellant)
Jean Sprague (First Respondent)
Anthony Croker (Second Respondent
The Royal Society for the Prevention of Cruelty to Animals (Third Respondent)
State of New South Wales (Fourth Respondent)

Representation

- Counsel:

Counsel:
In person (Appellant)
P Morris SC (First, Second and Third Respondent)
G Bateman (Fourth Respondent)

- Solicitors:

Solicitors:
Moray & Agnew (First, Second and Third Respondents)
Crown Solicitor (Fourth Respondent)

File Number(s):

2014/289163

Decision Under Appeal

- Court / Tribunal:

District Court

- Before:

Norton SC DCJ

- Date of Decision: 

10 March 2014

- Court File Number(s):

11/254369

JUDGMENT

1. THE COURT: The appellant (as the Court will describe him) purported to appeal as of right from a decision of the District Court: Young v Sprague (District Court (NSW), Norton SC DCJ, 10 March 2014, unrep). In that judgment, the primary Judge gave judgment for the appellant against the third respondent (RSPCA) for $7,000. This award was made up of the sum of $2,000 as damages for trespass to chattels and the sum of $5,000 as aggravated damages for the feelings of hurt and distress experienced by the appellant as a consequence of the trespass.

2. The appellant filed a notice of appeal on 25 June 2014 that is 40 pages long and very difficult to follow. It is not clear from that document what orders the appellant seeks on the appeal. Nor are the grounds of appeal identified with any clarity. The written submissions of the fourth respondent (State) accurately describe the notice of appeal as "expressed in ... flamboyant and intemperate language".

3. The respondents filed motions objecting to the competency of the appeal, on…