Robinson v State of NSW & Others [2013] NSWSC 1398

Supreme Court New South Wales

Medium Neutral Citation: Robinson v State of NSW & Others [2013] NSWSC 1398 Hearing dates: 2 September 2013 Decision date: 23 September 2013 Before: Barr AJ Decision: 1.The Statement of Claim is summarily dismissed; 2.Plaintiff to pay the costs of the second, third, fourth and fifth defendants; 3.Suppression order prohibiting the publication or other disclosure of the names of the children of the plaintiff or of any evidence or material that would enable them to be identified. Catchwords: PRACTICE AND PROCEDURE- application for summary dismissal - plaintiff claimed failure to disclose relevant information in Family Court proceedings - whether defendants immune from suit- suppression order Legislation Cited: Court Suppression and Non-Publication Orders Act 2010 Uniform Civil Procedure Rules Cases Cited: Cabassi v Vila [1940] HCA 41; (1940) 64 CLR 130 D'Orta-Ekenaike v Victoria Legal Aid [2005] HCA 12; (2005) 223 CLR 1 Giannarelli v Wraith [1988] HCA 52; (1988) 165 CLR 543 Category: Principal judgment Parties: Peter Robinson (Plaintiff) State of NSW (First Defendant) Legal Aid NSW (Second Defendant) Maureen Power (Third Defendant) Dr Brent Waters (Fourth Defendant) Representation: Counsel: V McWilliam (Second, Third, Fifth Defendants) M Lynch (Fourth Defendant) Solicitors: Plaintiff in person Legal Aid NSW (Second, Third, Fifth Defendants) Avant Law (Fourth Defendant) File Number(s): 2013/185826 Publication restriction: A SUPPRESSION ORDER HAS BEEN MADE