Results

The first respondent claimed that despite their best efforts their dog was unable to gain weight and appeared emaciated. When proceedings were instituted, the first respondent was successful in being granted a permanent stay as the appellant, the RSPCA, failed to grant the first respondent access to the dog to determine its current state of health. On appeal, it was determined that a permanent stay was an inappropriate remedy and that the first respondent should be granted a temporary stay only until the dog could be examined.

In proceedings for defamation, the plaintiff alleged that the defendant published information giving rise to the imputations that the plaintiff left animals to starve and that the Northern Territory government had to intervene to feed those animals. The defendant pleaded, inter alia, the defences of Polly Peck and fair comment. The Court ruled that the Polly Peck defense was sufficiently justified to survive the plaintiff's strike out application. It was held, however, that although animal welfare generally was a matter of public interest, the welfare of some animals held on private property was not, and could not be made by extensive media coverage, a matter of public interest.

Animal Liberation were injuncted from publishing words claiming animal cruelty in a circus or demonstrating against that circus. They were also found guilty of nuisance resulting from their demonstration outside that circus. On appeal, the injunctions were overturned although the finding of nuisance was upheld.

The applicants sought an interlocutory injunction to restrain the respondent from conducting an aerial shooting of goats as part of a 'cull'. The applicants claimed that the aerial shooting constituted cruelty as the goats, once wounded, would die a slow death. An injunction was granted to the applicants pending final hearing of the substantive action against the aerial shooting.