NSW Caselaw
New South Wales Supreme Court
CITATION : Re Nerida [2001] NSWSC 1196 CURRENT JURISDICTION: Common Law Division FILE NUMBER(S) : SC 13613/01 HEARING DATE(S) : 17/12/01 JUDGMENT DATE : 17 December 2001
PARTIES : In Person (Pl) Department of Community Services (Def) JUDGMENT OF : Kirby J
COUNSEL : In Person (Pl) P Singleton (Def) SOLICITORS : In Person (Pl) I V Knight (Def) CATCHWORDS : Application for certiorari in respect of refusal of leave by Children's Court - Considerations in the granting of leave under s90(2) of the Act to revoke or vary a care order Children and Young Persons (Care and Protection) Act, 1995 LEGISLATION CITED : Justices Act, 1902 Local Courts (Civil Claims) Act, 1970 DECISION : Summons dismissed - no order as to costs
Extempore - Revised
IN THE SUPREME COURT OF NEW SOUTH WALES common law DIVISION KIRBY J Monday 17 December 2001 13613/01 - RE NERIDA JUDGMENT 1 KIRBY J: This is an application concerning a child who will be given the pseudonym "Nerida" (s105(1) Children and Young Persons (Care and Protection) Act, 1995 ("the Act"). The application is by the father of the child ("Mr S"). Mr S has appeared unrepresented. He has been assisted by his wife ("Mrs Renee S") who has been seated at the Bar Table alongside him. 2 The matter has a long history. Pursuant to an order made by Beazley JA on 19 November 2001, Mr S filed a Summons in the Common Law Division seeking the following orders: "1. I'm seeking prerogative relief.
2. I wish for the decision of Judge Black, and Magistate Zdenkowski be over-turned.
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