NSW Caselaw
New South Wales Supreme Court
CITATION : Re Phillipa [2008] NSWSC 1158
HEARING DATE(S) : 24/10/08
JUDGMENT DATE : 24 October 2008
JURISDICTION : Equity
JUDGMENT OF : White J
EX TEMPORE JUDGMENT DATE : 24 October 2008
DECISION : Proceedings dismissed.
CATCHWORDS : PRACTICE AND PROCEDURE – summary dismissal – orders sought revoking orders of the Children's Court – interim orders sought invoking the parens patriae jurisdiction – no exceptional circumstances warranting circumvention of the Children's Court – allegations of perjury and conspiracy in lower courts not supported by evidence – no reasonable cause of action disclosed that would allow the Court to revoke orders of the Children's Court – orders sought pursuant to the parens patriae jurisdiction were an abuse of process
LEGISLATION CITED : Children and Young Persons (Care and Protection) Act 1998 (NSW)
Re Victoria [2002] NSWSC 647 Re Frances and Benny [2005] NSWSC 1207 Director-General of the Department of Community Services v Priestley [2004] NSWSC 639 CASES CITED : Re Barbara [2006] NSWSC 536 Re Alan [2008] NSWSC 379 Spies v Commonwealth Bank of Australia (1991) 24 NSWLR 691 Wentworth v Rogers (No 5) (1986) 6 NSWLR 534
PARTIES : Re Phillipa
FILE NUMBER(S) : SC 3939/08
Plaintiff: In person COUNSEL : Defendant: I Bourke Child: K Reynolds
SOLICITORS : Plaintiff: na Defendant: Crown Solicitor
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
WHITE J
Friday, 24 October 2008
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