NSW Caselaw
New South Wales Court of Appeal
CITATION: Re Kerry [2010] NSWCA 232
HEARING DATE(S): 2 August 2010
JUDGMENT DATE: 9 September 2010
JUDGMENT OF: Young JA
DECISION: Order for additional access made.
CATCHWORDS: Interim access order for visitation rights- Supreme Court Act 1970, ss 23, 66, 69- whether Court of Appeal has power to grant interim relief where application for relief in lieu of certiorari- whether Court in supervisory role of jurisdiction should grant ancillary order pertaining to personal matter- Court has jurisdiction to grant mandatory interim injunction ancillary to relief sought under s 69- supervised access order granted on the merits on taking of personal undertakings- caution regarding use of s 69 to set aside or affect decision of District Court on statutory appeal from Children's Court.
Civil Procedure Rules (UK), Pt 54 LEGISLATION CITED: District Court Act 1973, s 127 Supreme Court Act 1970, ss 23, 66, 69(1)(f) Supreme Court Act 1981 (UK), s 31
Adler v District Court of NSW (1990) 19 NSWLR 317 Cook v Head [1976] 1 NSWLR 176 R v Inspectorate of Pollution; Ex parte Greenpeace Ltd [1994] 1 WLR 570 CASES CITED: R v Secretary of State for Education and Science; Ex parte Avon County Council [1991] 1 QB 558 R v Secretary of State for the Home Department; Ex parte Muboyayi [1992] 1 QB 244 Re Victoria (2002) 29 Fam LR 157 Spruill v Director General Department of Community Services [2001] NSWCA 413
PARTIES: The names of the parties are confidential.
FILE NUMBER(S): CA 2010/64070; 2010/67187
2010/64070: M Gunning (Applicant) COUNSEL: M England (Respondent) 2010/67187: P Singleton (Applicant) M England (Respondent)
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