DD v AA; DD v Lewis; DD v PP (No 2) [2023] NSWCA 260

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: DD v AA; DD v Lewis; DD v PP (No 2) [2023] NSWCA 260 Hearing dates: 9 October 2023 Decision date: 31 October 2023 Before: White JA Decision: (1) Dismiss with costs the appellant's notice of motion filed on 22 September 2023 seeking the grant of leave to file and serve subpoenas and a notice to produce. (2) Stand over paragraph (3) of the notice of motion filed on 22 September 2023 which seeks an order that "the 22 June 2023 orders and judgement made by Griffiths AJA be set aside" to the hearing of the appeal on 17 November 2023. (3) Otherwise dismiss the notice of motion. (4) Stand over the "show cause listing" ordered by the Registrar on 4 October 2023 to the Court of Appeal on 17 November 2023 to be considered with the respondents' adjourned notices of motion for summary dismissal. (5) Order that, within 7 days, the respondents advise the appellant: (a) whether they object to the report of Dr Dick Quan dated 3 October 2023, which is annexure D to the affidavit of Mark Barbeliuk dated 7 October 2023 and, if so, the grounds of any such objection; and (b) whether they require Dr Quan to be available for cross-examination on the hearing of the application in paragraph 3 of the appellant's notice of motion filed 22 September 2023. (6) By 10 November 2023, respondents file and serve submissions in respect of the matters listed for hearing before the Court of Appeal on 17 November 2023. (7) The costs of the hearing on 9 October 2023 in respect of the notice of motion filed by the appellant on 22 September 2023 consisting of ten paragraphs be costs in that notice of motion. Catchwords: CIVIL PROCEDURE – Appeals – Applications to discharge or vary orders and directions given by Judge of Appeal – No issue of principle – Applications dismissed Cases Cited: AA v PD [2022] NSWSC 1039 DD v AA; DD v Lewis; DD v PP [2023] NSWCA 140 DD v PP [2022] NSWCA 98 Lewis v Doyle [2022] NSWSC 92 PP v DD (No 2) [2021] NSWSC 1312 Category: Procedural rulings Parties: DD (Applicant) Darren Lewis (Respondent in proceedings 23/63182) PP (Respondent in proceedings 23/63191) AA (Respondent in proceedings 23/63196) Representation: Counsel: Applicant self-represented Mr H Thomas-Dubler (Respondents)