RH v Secretary, Department of Communities & Justice [2021] NSWCA 101

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: RH v Secretary, Department of Communities & Justice [2021] NSWCA 101 Hearing dates: 17 May 2021 Date of orders: 17 May 2021 Decision date: 20 May 2021 Before: McCallum JA Decision: Applicant's notice of motion dismissed Catchwords: CIVIL PROCEDURE — Stay of proceedings — Inherent power — Application for stay of proceedings in Children's Court pending determination of summons seeking leave to appeal from summary dismissal of proceedings in the Supreme Court invoking parens patriae jurisdiction — Applicable test Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) ss 43, 45, 233 Supreme Court Act 1970 (NSW) s 23 Uniform Civil Procedure Rules 2005 (NSW) r 13.4 Cases Cited: CM v Secretary, New South Wales Department of Communities and Justice [2020] NSWSC 1740 Dillon v Boland; Dillon v Cush [2012] NSWCA 364 General Steele Industries v Commissioner for Railways (1964) 112 CLR 125 Nikolaidis v Legal Services Commissioner [2005] NSWCA 91 Thomson v Young [2013] NSWCA 300 Category: Procedural rulings Parties: RH (anonymised) (applicant) Secretary, Department of Communities & Justice (respondent) Representation: Counsel: In person and M Robinson SC (applicant) B Dean (first respondent) E Canning (solicitor) (young person DH)

Solicitors: Crown Solicitor's Office (respondent) File Number(s): 2021/00136677 Publication restriction: Nil Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Equity Citation: [2021] NSWSC 519 Date of Decision: 12 May 2021 Before: Sackar J File Number(s): 2020/00365503