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Supreme Court 14 September 2005

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

[2005] NSWSC 926

Other
PRACTICE AND PROCEDURE DOCTRINE OF JUDICIAL IMMUNITY PURPOSES OF PLEADINGS EMBARRASSING PLEADINGS

Citation: Fleet v Royal Society for the Prevention of Cruelty to Animals NSW and Ors [2005] NSWSC 926
Court: Supreme Court of New South Wales (Common Law Division)
Date: 14 September 2005
Judge(s): Johnson J

Background

The plaintiff, a self-represented litigant, commenced civil proceedings arising from events in March 1997 involving his German Shepherd dog. RSPCA officers and NSW Police took action against him at the time, leading to criminal prosecutions. The plaintiff sought damages from five defendants: the RSPCA, two of its officers, the State of New South Wales (for the conduct of police officers), and the District Court of New South Wales.

The causes of action alleged included malicious prosecution, false imprisonment, wrongful arrest, trespass to the person, trespass to goods, illegal search and seizure, and misfeasance in public office. The claim for misfeasance in public office was directed at the District Court itself, arising from the conduct of criminal proceedings before it.

A Registrar summarily dismissed the claim against the District Court and struck out the remainder of the statement of claim as embarrassing and non-compliant with pleading requirements. The Registrar also made leave to replead conditional upon the plaintiff first paying all costs orders made in favour of the defendants. A Master confirmed both decisions. The plaintiff then appealed to Johnson J.

  • Whether the appeal from the Master's decision was properly before the court, and what standard of review applied at each level (Registrar, Master, and Supreme Court judge on appeal)
  • Whether the claim for misfeasance in public office against the District Court of New South Wales was correctly summarily dismissed under the doctrine of judicial immunity
  • Whether the balance of the statement of claim was properly struck out as embarrassing and non-compliant with pleading requirements
  • Whether it was appropriate to condition the grant of leave to replead upon the prior payment of costs

Decision

On the judicial immunity question, Johnson J upheld the summary dismissal of the misfeasance in public office claim against the District Court. The doctrine of judicial immunity, confirmed in recent High Court authority including D'Orta-Ekenaike v Victoria Legal Aid and Fingleton v The Queen, protects courts and judges from civil liability for acts done in the exercise of judicial functions. The plaintiff's claim fell squarely within that immunity, and no arguable basis existed to permit it to proceed.

On the pleading issues, the court confirmed that the Amended Statement of Claim was defective. Proper pleadings serve to identify the issues in dispute, inform the opposing party of the case to be met, and enable the court to manage proceedings efficiently. The statement of claim failed to meet those requirements and was rightly struck out as embarrassing. The appeal on this point was dismissed.

The one ground on which the appeal succeeded was the costs condition attached to leave to replead. Johnson J found it was not appropriate to make the plaintiff's ability to file a further pleading contingent upon satisfying outstanding costs orders. That condition was quashed and unconditional leave to replead was granted within 28 days.

Johnson J also noted the prospect of referring the plaintiff for court-appointed legal assistance under Part 66A of the Supreme Court Rules to assist in drafting a compliant pleading, and indicated this would be raised with the plaintiff when judgment was delivered.

Orders Made

  • Time for instituting the appeal extended to 27 June 2005
  • The appeal allowed in one respect only: the condition requiring prior payment of costs before leave to replead could be exercised was quashed
  • Unconditional leave granted to the plaintiff to file and serve a Further Amended Statement of Claim within 28 days
  • Otherwise, the appeal against the Master's decision of 11 April 2005 was dismissed
  • The court indicated a tentative view that the plaintiff pay two-thirds of the defendants' costs of the appeal, with the parties given an opportunity to make submissions before any costs order was finalised

Key Takeaways

  • Judicial immunity provides a complete bar to civil claims, including misfeasance in public office, arising from the exercise of judicial functions. The doctrine was applied to defeat the claim against the District Court without requiring a full hearing.
  • A review by a Master of a Registrar's decision under Part 61 r 3 of the Supreme Court Rules is not an appeal in the strict sense. The applicant need not demonstrate error in the Registrar's decision; the Master exercises the relevant power afresh.
  • Embarrassing pleadings that fail to identify the issues and inform the opposing party of the case to be met remain a proper basis for striking out under the rules, even when the plaintiff is self-represented.
  • Conditioning leave to replead upon prior satisfaction of costs orders was held to be inappropriate in this case, and the condition was quashed. Unconditional leave was substituted.
  • Part 66A of the Supreme Court Rules permits referral of a self-represented litigant for legal assistance limited to drafting or settling documents, and the court raised this as a potential pathway where deficient pleadings threatened to derail the proceedings entirely.

Legislation and Cases Referenced

Legislation:
- Civil Procedure Act 2005 (NSW)
- Uniform Civil Procedure Rules (NSW)
- Supreme Court Act 1970 (NSW)
- Supreme Court Rules (NSW)
- Prevention of Cruelty to Animals Act 1979 (NSW)
- Crimes Act 1900 (NSW)
- Judicial Officers Act 1986 (NSW)
- Justices Act 1902 (NSW)
- District Court Act 1973 (NSW)
- Interpretation Act 1987 (NSW)

Key Cases:
- D'Orta-Ekenaike v Victoria Legal Aid (2005) 79 ALJR 755; [2005] HCA 12
- Fingleton v The Queen (2005) 79 ALJR 1250; [2005] HCA 34
- General Steel Industries Inc v Commissioner of Railways (NSW) and Ors (1964) 112 CLR 125
- Warren v Coombes (1979) 142 CLR 531
- House v The King (1936) 55 CLR 499
- Rajski v Powell (1987) 11 NSWLR 522
- Yeldham v Rajski (1989) 18 NSWLR 48
- Banque Commerciale SA En Liquidation v Akhil Holdings Limited (1990) 169 CLR 278
- Fleet v District Court of NSW and Ors [1999] NSWCA 363
- Fleet v District Court of NSW and Ors [2002] NSWCA 25
- Sirros v Moore [1975] QB 118
- Turner v Bulletin Newspapers Co Pty Ltd (1974) 131 CLR 69