GR v Secretary, Department of Communities and Justice; GR v Public Guardian [2023] NSWSC 525

Supreme Court New South Wales

Medium Neutral Citation: GR v Secretary, Department of Communities and Justice; GR v Public Guardian [2023] NSWSC 525 Hearing dates: 19 May 2023 Date of orders: 19 May 2023 Decision date: 19 May 2023 Jurisdiction: Equity - Duty List Before: Hammerschlag CJ in Eq Decision: Proceedings dismissed with costs. See [19]-[20] Catchwords: PRACTICE AND PROCEDURE — application to summarily dismiss proceedings where plaintiff is seeking relief from appeal proceedings in the Civil and Administrative Tribunal of New South Wales (the Tribunal) — where plaintiff has not availed herself of available rights of appeal from the Tribunal — where the plaintiff has commenced two sets of proceedings in this Court, seeking, in effect, the same relief, making serious allegations, including of physical and chemical abuse, forced labour, force feeding and mechanical restraint — HELD — proceedings should be dismissed as an abuse of process Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Guardianship Act 1987 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: GR v Secretary, Department of Communities and Justice [2022] NSWCA 153 GR v The Department of Communities & Justice [2021] NSWSC 1081 Category: Principal judgment Parties: Proceedings 2022/00332885 GR (Plaintiff) Secretary, Department of Communities and Justice (First Defendant) AB (Second Defendant) NSW Trustee & Guardian (Third Defendant) Civil and Administrative Tribunal of New South Wales (Fourth Defendant) (Submitting appearance) Public Guardian (Fifth Defendant)