GR v Secretary, Department of Communities and Justice [2021] NSWCA 52

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: GR v Secretary, Department of Communities and Justice [2021] NSWCA 52 Hearing dates: 29 March 2021 Date of orders: 6 April 2021 Decision date: 06 April 2021 Before: Meagher JA Decision: (1) Direct the hearing of the summons for leave to appeal filed 23 March 2021 be expedited. (2) Otherwise dismiss the application for the orders sought in paragraphs 1 and 2 of the motion. (3) Dismiss the application for the order sought in paragraph 3 of the motion. (4) Dismiss the application for the order sought in paragraph 4 of the motion. (5) Order the applicant pay the first and second respondents' costs of the motion. (6) List the application for leave for directions before the Registrar at 9:45am on Wednesday 7 April 2021. Catchwords: CIVIL PROCEDURE — Court of Appeal — leave to appeal — application for concurrent hearing of leave application and appeal — application for expedited hearing — no issue of principle CIVIL PROCEDURE — Court of Appeal — application for stay of care orders made by Children's Court pending determination of appeal proceedings — no issue of principle CIVIL PROCEDURE — Court of Appeal — application to set aside order appointing guardian ad litem — no issue of principle Legislation Cited: Children and Young Persons (Care and Protection Act) 1998 (NSW), ss 79, 91, 100 Children's Court Act 1987 (NSW), s 22A Supreme Court Act 1970 (NSW), s 69 Uniform Civil Procedure Rules 2005 (NSW), rules 36.16, 51.14 Cases Cited: GR v Secretary, Department of Communities and Justice [2020] NSWSC 739 GR v Secretary, Department of Families, Disabilities and Community Services (No 2) [2020] NSWCA 198 Category: Procedural rulings Parties: GR (applicant) Secretary, Department of Communities and Justice (first respondent) The Minister, Families, Disabilities and Community Services (second respondent) BB (the father) (third respondent) Krstina Wooi (fourth respondent) Representation: Counsel: Applicant self-represented Mr M Anderson (first and second respondents) Third respondent self-represented Ms E Stolier (fourth respondent)