NSW Caselaw
New South Wales Court of Appeal
CITATION : Re Tyrone [2002] NSWCA 414 FILE NUMBER(S) : CA 40629/02 HEARING DATE(S) : 10 December 2002 JUDGMENT DATE : 10 December 2002
PARTIES : Re Tyrone JUDGMENT OF : Handley JA at 1; Santow JA at 8; Young CJ in Eq at 9
LOWER COURT JURISDICTION : Supreme Court - Common Law Division LOWER COURT CLD 11428/02 FILE NUMBER(S) : LOWER COURT Sully J JUDICIAL OFFICER :
Appellant: I Temby QC/Lakatos COUNSEL : Respondent 1 - P Braine Respondent 2 - S Norton SC/Moore SOLICITORS : Crown Solicitor's Office: Ms Saima Bangash Ref AGD010.7638
LEGISLATION CITED : Children and Young Persons (Care and Protection) Act 1989 DECISION : Leave to appeal refused. Summons dismissed with costs.
IN THE SUPREME COURTOF NEW SOUTH WALES COURT OF APPEAL
40629/02 CLD 11428/02 HANDLEY JA SANTOW JA YOUNG CJ in EQ
10 December 2002 RE: TYRONE
A question was raised as to the construction of s 74 of the Children and Young Persons (Care and Protection) Act 1989 in the context of an order of the Children's Court which was challenged as being beyond power.
HELD: The questions raised by the summons for leave to appeal had become academic. Accordingly leave to appeal was refused and the summons dismissed with costs. ORDERS
(1) Leave to appeal refused. (2) Summons dismissed with costs.
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