Burton v Secretary, Department of Communities & Justice (formerly Family and Community Services) [2022] NSWCA 7

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Burton v Secretary, Department of Communities & Justice (formerly Family and Community Services) [2022] NSWCA 7 Hearing dates: 4 February 2022 Date of orders: 7 February 2022 Decision date: 07 February 2022 Before: Gleeson JA; White JA Decision: (1) Summons seeking leave to appeal filed 14 October 2021 be dismissed. (2) Applicant to pay the respondent's costs. Catchwords: APPEAL – application for leave to appeal – challenge to interlocutory decision refusing summary dismissal of proceedings – where no issue of principle or general public importance – no injustice shown – costs – challenge to costs order where no ground of appeal directed at costs – no reasonably arguable error in exercise of costs discretion Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW), ss 24, 25, 27, 43(1), 105(2) 120, 121, 122 Court Suppression and Non-Publication Orders Act 2010 (NSW), s 16(1) Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: Burton v Secretary, Department of Family and Community Services [2019] NSWCA 21 Burton v Secretary, Department of Communities and Justice [2020] NSWCA 68 Findex Group Pty Ltd v McKay [2019] NSWCA 93 Secretary, Department of Family and Community Services v Smith (2017) 95 NSWLR 597 Secretary, Department of Family and Community Services v Burton [2018] NSWSC 371 Secretary, Department of Family and Community Services v Burton (No 2) [2019] NSWSC 1865 Category: Principal judgment Parties: Paul Robert Burton (Applicant) Burton v Secretary, Department of Communities & Justice (formerly Family and Community Services) (Respondent) Representation: Counsel: Paul Robert Burton (Self represented) (Applicant) M Anderson (Respondent)