• e-mail

A custody and defamation dogfight has broken out over a celebrity cavoodle named Oscar.  

Kenneth Flavell and Gina Edwards are suing Mark Douglas Gillespie for ownership of the prized pooch in a Sydney District Court battle. 

They are also seeking to stop Mr Gillespie from making any allegedly defamatory statements about the popular pup, who boasts 10,000 followers on Instagram, in the future. 

A custody and defamation dogfight has broken out in NSW District Court over the ownership of an Instagram famous cavoodle named Oscar (pictured above). The pooch boasts over 10,000 followers on social media 

The custody battle saw a fight for the ownership of both Oscar (pictured) and his famous Instagram account 

 NSW District Court determined Oscar's value exceeded $20,000 and the case was moved to NSW Supreme Court 

NSW District Court Judge Judith Gibson said the parties' legal representatives had informed her that Oscar 'is a social media celebrity'.  

'Oscar's Instagram account is apparently closed pending this litigation, but the parties, although able to agree on little else, assure me that Oscar is a dog of more than usual value,' she said in a judgement on August 20.  

Judge Gibson said Mr Flavell and Ms Edwards wanted to keep Mr Gillespie 'from removing the dog known as 'Oscar' and were seeking a range of orders in the court battle. 

They wished to be declared as Oscar's owners as well as seek damages related to an alleged breach of a contract of bailment. 

This agreement - which allows goods to be transferred to third party for a certain period of time – related to the cavoodle's care and upkeep. 

Mr Gillespie has also filed a defence for the case as well as a cross-claim.

He sought damages for the cavoodle's 'detention' and asked that Oscar be returned to him.     

'In other words, both parties want the dog,' Judge Gibson said. 

Judge Gibson was also told that Mr Gillespie wanted control of the cavoodle's Instagram account 'which may or may not still be online, but which could still be an item of some value, due to Oscar's social media success'.  

The celebrity pooch (pictured with Sydney Harbour Bridge) is often photographed in various outfits and locations around Sydney 

A surprising twist revealed that Oscar's value and the cost of his upkeep may have exceeded a $20,000 limit, causing uncertainty as to whether the court had jurisdiction to hear the case. 

Judge Gibson said the court's 'hands are effectively tied' and was forced to transfer the case to the NSW Supreme Court.  

'It may seem a very minor matter for the Supreme Court to be troubled by a dispute about a dog, even a celebrity dog with its own Instagram account, but there would appear to be no alternative,' she explained.   

The case was transferred to the Supreme Court and is listed for a preliminary hearing on September 15.  

The District Court also received two defamation proceedings but will not address them until the main dispute over Oscar has been settled. 

Images from Oscar's popular Instagram account feature the cavoodle in various outfits and locations around Sydney. 

The famous pup is often photographed by the Sydney Harbour Bridge or playing outside with friends. 

A preliminary hearing over the cavoodle's (pictured) ownership is scheduled for September 15 in the NSW Supreme Court