Re Tyrone [2002] NSWSC 619

New South Wales Supreme Court

CITATION : Re Tyrone [2002] NSWSC 619 FILE NUMBER(S) : SC 11428/02 HEARING DATE(S) : 27 June 2002 28 June 2002 JUDGMENT DATE : 5 July 2002

PARTIES : Re Tyrone JUDGMENT OF : Sully J at 1

LOWER COURT Children's Court of NSW JURISDICTION : LOWER COURT FILE NUMBER(S) : LOWER COURT JUDICIAL OFFICER :

P. I. Lakatos - Plaintiffs COUNSEL : P. Braine - 2nd Defendant A. Healey - 4th Defendant SOLICITORS : - Children and Young Persons (Care and Protection) Act 1998 LEGISLATION CITED : Interpretation Act 1987 (NSW) Children's Court Act 1987 Children Act 1989 (UK) Ex parte Power; re Devereux (1957) 57 SR 503 (NSW) CASES CITED : Kable v Director of Public Prosectuions (NSW) (1996) 189 CLR 51 Re C (A Minor) (Interim Care Order: Residential Assessment) [1997] AC 489 DECISION : Relief refused in paras 2 and 3 of the Summons. Orders in accordance with paras 1 and 4 of the Summons. Plaintiffs to pay the costs of the 2nd and 4th defendants

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION common law division

SULLY J

Friday 5 July 2002

11428/02 – RE TYRONE

JUDGMENT

1 HIS HONOUR: These proceedings concern the continuing care of a brain damaged boy aged about three and a half years. He has been given for the purposes of the proceedings the pseudonym: "Tyrone". The proceedings concern, also, the construction of various of the provisions of the Children and Young Persons (Care and Protection) Act 1998 ("the Act"). 2 By a summons filed on 22 May 2002 the Minister for Community Services as first plaintiff and the Director-General, Department of Community Services, as second plaintiff claim the following relief.