DD v AA; DD v Lewis; DD v PP [2023] NSWCA 140

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: DD v AA; DD v Lewis; DD v PP [2023] NSWCA 140 Hearing dates: 20 June 2023 Date of orders: 22 June 2023 Decision date: 22 June 2023 Before: Griffiths AJA Decision: DD v AA (2023/63196) (1) The application for an adjournment is dismissed, with costs. (2) The Tutor Motion is dismissed, with costs. (3) The Stay Motion is dismissed, with costs. (4) The Fresh Evidence Motion be adjourned to the hearing of the appeal. (5) The Amended Notice of Appeal Motion is dismissed, with costs. (6) The Dismissal Motion be adjourned to the hearing of the appeal. (7) (a) The appellant provide security for the respondent's costs of the appeal in the amount of $20,000 (GST inclusive) by payment into Court or provision of security to the satisfaction of the Registrar, such security to be provided on or before 17 August 2023. (b) Order that the proceedings in this Court be stayed until such security is given. (c) Liberty to the respondent to apply after 17 August 2023 for an order that the appeal be dismissed if the security ordered has not been provided by 17 August 2023. (d)The appeal to be listed before the Registrar for directions as soon as practicable after 17 August 2023. DD v Lewis (2023/63182) (1) The application for an adjournment is dismissed, with costs. (2) The Tutor Motion is dismissed, with costs. (3) The Stay Motion is dismissed, with costs. (4) The Fresh Evidence Motion be adjourned to the hearing of the appeal. (5) The Amended Notice of Appeal Motion is dismissed, with costs. (6) The Dismissal Motion be adjourned to the hearing of the appeal. (7) (a) The appellant provide security for the respondent's costs of the appeal in the amount of $20,000 (GST inclusive) by payment into Court or provision of security to the satisfaction of the Registrar, such security to be provided on or before 17 August 2023. (b) Order that the proceedings in this Court be stayed until such security is given. (c) Liberty to the respondent to apply after 17 August 2023 for an order that the appeal be dismissed if the security ordered has not been provided by 17 August 2023. (d) The appeal to be listed before the Registrar for directions as soon as practicable after 17 August 2023. DD v PP (2023/63191) (1) The application for an adjournment is dismissed, with costs. (2) The Tutor Motion is dismissed, with costs. (3) The Stay Motion is dismissed, with costs. (4) The Fresh Evidence Motion be adjourned to the hearing of the appeal. (5) The Amended Notice of Appeal Motion is dismissed, with costs. (6) The Dismissal Motion be adjourned to the hearing of the appeal. (7) (a) The appellant provide security for the respondent's costs of the appeal in the amount of $32,000 (GST inclusive) by payment into Court or provision of security to the satisfaction of the Registrar, such security to be provided on or before 17 August 2023. (b) Order that the proceedings in this Court be stayed until such security is given. (c) Liberty to the respondent to apply after 17 August 2023 for an order that the appeal be dismissed if the security ordered has not been provided by 17 August 2023. (d) The appeal to be listed before the Registrar for directions as soon as practicable after 17 August 2023. Catchwords: PROCEDURE – adjournment application – tutor motion – insufficient medical evidence – non-compliance with UCPR requirements – stay motion – respondents entitled to fruits of success – no suggestion that appeal will be rendered nugatory – dismissal motion – Court's reluctance to strike out appeals – security for costs – special circumstances – previous appeal dismissed for failure to pay security – no evidence that order for security would stultify proceedings Legislation Cited: Bankruptcy Act 1966 (Cth) Civil Procedure Act 2005 (NSW) Guardianship Act 1987 (NSW) Mental Health Act 2007 (NSW) NSW Trustee and Guardian Act 2009 (NSW) Powers of Attorney Act 2003 (NSW) Uniform Civil Procedure Rules Cases Cited: Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685 Brown v King [2022] NSWCA 75 Carey v Carey [2020] NSWSC 765 DD v PP [2022] NSWCA 98 Gabrielle v Abood [2022] NSWCA 250 Kalifair Pty Ltd v Digi-Tech (Australia) Ltd (2002) 55 NSWLR 737; [2002] NSWCA 383 L v Human Rights and Equal Opportunity Commission (2006) 233 ALR 432; [2006] FCAFC 114 Macquarie International Health Clinic Pty Limited v Sydney Local Health District [2019] NSWCA 281 Masterman-Lister v Brutton & Co (Nos 1 and 2) [2003] EWCA Civ 70; [2003] 1 WLR 1511 P S Chellaram & Co Ltd v China Ocean Shipping Co (1991) 102 ALR 321; [1991] HCA 36 Porter v Lee [2010] NSWSC 998 Preston v Harbour Pacific Underwriting Management Pty Ltd [2007] NSWCA 247 PY v RJS [1982] 2 NSWLR 700 Smilevska v Smilevska [2015] NSWSC 1794 Tomlinson v Ramsey Food Processing Pty Ltd (2015) 256 CLR 507; [2015] HCA 28 Wall v Wall [1994] NSWCA 336 Woollard v Australia and New Zealand Banking Group Ltd [2016] NSWCA 258 Texts Cited: Practice Note No SC CA 1 Category: Procedural rulings Parties: DD (Appellant)