Re 'Emily v Children's Court of NSW [2006] NSWSC 1009

New South Wales Supreme Court

CITATION : Re 'Emily v Children's Court of NSW [2006] NSWSC 1009

HEARING DATE(S) : 11 September 2006 14 September 2006

JUDGMENT DATE : 28 September 2006

JUDGMENT OF : Sully J at 1

DECISION : Summons dismissed; No order as to costs of any of the defendants

LEGISLATION CITED : Children and Young Persons (Care and Protection) Act 1998 (NSW)

PARTIES : Emily Children's Court of NSW

FILE NUMBER(S) : SC 2006/13303

K. M. Guilfoyle - Plaintiff COUNSEL : Dr. M. McFadden - 2nd and 3rd defendants L. Rogers (solicitor) - 4th defendant

Muggenthaler & Assoc. - Plaintiff SOLICITORS : I. V. Knight - 2nd and 3rd defendants L. Rogers - 4th defendant

LOWER COURT JURISDICTION : Children's Court of NSW

LOWER COURT FILE NUMBER(S) : Z3203 192/06

LOWER COURT JUDICIAL OFFICER : Mitchell CCM

LOWER COURT DATE OF DECISION : 30 March 2006

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

SULLY J

28 September 2006

2006/13303 – RE 'EMILY' v CHILDREN'S COURT OF NSW

JUDGMENT HIS HONOUR:

[NOTE: These proceedings were heard in a closed Court. ]

[NOTE: An order has been made prohibiting the publication of the name of the infant having the pseudonym "Emily"; or of the name of either of her natural parents; or of any other matter apt to identify either the child or the natural parents. ] Introduction 1 By an amended summons filed in Court on 14 September instant one Leonie Miller as Tutor duly appointed to represent the natural mother of Emily claims the following relief: "1. An order that these proceedings be styled "Re EMILY and"