Secretary, Department of Communities and Justice v KH [2021] NSWCA 308

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Secretary, Department of Communities and Justice v KH [2021] NSWCA 308 Hearing dates: 6 December 2021 Date of orders: 13 December 2021 Decision date: 13 December 2021 Before: Macfarlan JA Decision: (1) Stay until the determination of the Secretary's judicial review proceedings Orders (2) and (5) made by Judge Levy in the District Court on 21 September 2021 and Orders (1) and (2) of his Honour's orders of 12 November 2021. (2) Dispense pursuant to s 14 of the Civil Procedure Act 2005 (NSW) with the appointment of a tutor for the fourth respondent BH. (3) Appoint Ms Leanne Wells, solicitor, as BH's independent legal representative. (4) Costs of the Secretary's notice of motion to be costs in the Secretary's judicial review proceedings. Catchwords: APPEALS – procedure – stay pending appeal – District Court decision on appeal in child care and protection proceedings – District Court found realistic possibility of restoration of child to mother and ordered preparation of amended care plan – Secretary seeking judicial review of District Court decision in Court of Appeal – motion by Secretary to stay District Court orders pending determination of judicial review application – stay granted Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW), ss 9(1), 10, 83(5) Civil Procedure Act 2005 (NSW), s 14 Supreme Court Act 1970 (NSW), ss 23, 69 Cases Cited: Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685 In the matter of Campbell [2011] NSWSC 761 JE v Secretary, Department of Communities and Justice (No 2) [2020] NSWCA 243 Newcrest Mining v Industrial Relations Commission (NSW) [2005] NSWCA 85 Nikolaidis v Legal Services Commissioner [2005] NSWCA 91 Re Henry [2015] NSWCA 89 RH v Secretary, Department of Communities & Justice [2021] NSWCA 101 Thomson v Young [2013] NSWCA 300 Category: Procedural rulings Parties: Secretary, Department of Communities and Justice (Applicant) KH (First Respondent) CS (Second Respondent) DH (Third Respondent) BH (Fourth Respondent) District Court of New South Wales (Fifth Respondent) Representation: Counsel: B Dean (Applicant) A Williams (First Respondent) Self-represented (Second Respondent) No appearance (Third Respondent) No appearance (Fourth Respondent) No appearance (Fifth Respondent) G Moore (Amicus Curiae)