A v Department of Communities and Justice [2021] NSWSC 937

Supreme Court New South Wales

Medium Neutral Citation: A v Department of Communities and Justice [2021] NSWSC 937 Hearing dates: 20 May 2021 Date of orders: 30 July 2021 Decision date: 30 July 2021 Jurisdiction: Common Law Before: Garling J Decision: (1) Pursuant to r 13.4 of the Uniform Civil Procedure Rules 2005, the whole of the proceedings as constituted by the Amended Summons are dismissed. (2) Plaintiff to pay the defendant's costs. Catchwords: CIVIL PROCEDURE – whether summons concerns any real issues in dispute between the parties – plaintiff seeking to relitigate proceedings not in accordance with the correct court rules and procedures – abuse of process – proceedings dismissed CIVIL PROCEDURE – where there are no identifiable common questions of law or fact – matter not properly constituted as a representative action – proceeding dismissed Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 Civil Procedure Act 1985 Supreme Court Act 1970 Uniform Civil Procedure Rules 2005 Cases Cited: A v Secretary, Family and Community Services (No 2) [2019] NSWSC 43 A v Secretary, Department of Communities and Justice (No.4) [2019] NSWSC 1872 A v Secretary, Department of Communities and Justice (No.5) [2020] NSWSC 1340 Ainsworth v Criminal Justice Commission [1992] HCA 10; (1992) 175 CLR 564 Aussie Airlines Pty Ltd v Australia Airlines Ltd [1996] FCA 813; (1996) 68 FCR 406 GR v Secretary, Department of Communities and Justice [2021] NSWCA 99 GR v The Department of Communities & Justice and Ors [2020] NSWSC 1901 Pi v Zhou [2016] NSWCA 24 Potkonyak v Attorney General of NSW [2019] NSWSC 987 Re Alistair [2006] NSWSC 411 Texts Cited: Not Applicable Category: Principal judgment Parties: A (P) Secretary, Department of Communities and Justice (D) Representation: Counsel: Self-Represented (P) E Fitzgerald (D)