"MA" & 2 Ors v Swanson & Anor [2004] NSWSC 30

New South Wales Supreme Court

CITATION : "MA" & 2 Ors v Swanson & Anor [2004] NSWSC 30 HEARING DATE(S) : 1 December 2003 JUDGMENT DATE : 17 February 2004 JURISDICTION: Common Law JUDGMENT OF : Master Harrison DECISION : (1) The plaintiffs' amended statement of claim filed 3 September 2001 is struck out pursuant to Part 15 r 26 SCR; (2) The second defendant's notice of motion filed 6 May 2002 is dismissed; (3) The plaintiffs are to pay the second defendant's costs as agreed or assessed.

CATCHWORDS : Summary judgment - Review of Registrar's decision Child Welfare Act 1939 (NSW) LEGISLATION CITED : Children (Care and Protection) Act 1987 (NSW) Supreme Court Rules - Part 15 r 26 Mann v O'Neill (1997) 191 CLR 204 CASES CITED : Sullivan v Moody (2001) 1`83 ALR 404; 75 ALJR 1570 TC by his tutor Sabatino v State of New South Wales [2001] NSWCA 380 "MA" (First Plaintiff)

"TA" (Second Plaintiff)

PARTIES : "SA" (Third Plaintiff)

Kim Marie Swanson (First Defendant)

State of New South Wales (Second Defendant) FILE NUMBER(S) : SC 20206/1997 Ms Margaret Bateman (Plaintiffs) COUNSEL : Mr M W Anderson (Second Defendant) Mr Christopher Fotis (Plaintiffs) SOLICITORS : Mr Paul Rankin Crown Solicitors (Second Defendant)