Re Ellen [2013] NSWSC 1573

Supreme Court New South Wales

Medium Neutral Citation: Re Ellen [2013] NSWSC 1573 Hearing dates: 28 October 2013 Decision date: 29 October 2013 Jurisdiction: Equity Division - Protective List Before: Lindsay J Decision: 1. Order that the plaintiff's application for a stay of the proceedings numbered 131697 of 2013 in the District Court of NSW be refused. 2. Order, subject to any order that might be made by the Court of Appeal or a Divisional judge, that these proceedings be removed into the Court of Appeal. 3. Order that the plaintiff be granted leave to file an amended summons for the purpose of complying with Part 59 of the Uniform Civil Procedure Rules 2005 NSW. 4. Order that any amended summons filed by the plaintiff pursuant to that grant of leave be filed no later than 5 November 2013. 5. Order that the plaintiff pay the costs of these proceedings to date. Catchwords: Children and Young Persons (Care and Protection) Act - Decisions of Children's Court and, on appeal, District Court - Appeal to District Court pending - Application for Judicial Review - Application for stay of District Court proceedings refused - Assignment of business within Supreme Court Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 NSW Supreme Court Act 1970 NSW Uniform Civil Procedure Rules 2005 NSW Cases Cited: Adam P Brown Male Fashions Pty Limited v Phillip Morris Incorporated (1981) 148 CLR 170 at 177. Boral Gas (NSW) Pty Limited v Magill (1993) 32 NSWLR 501 Lisafa Holdings Pty Ltd v Commissioner of Police (1988) 15 NSWLR 1 at 9F and 20D-E. Re Allegra [2009] NSWSC 1091 at [37]-[44] Registrar, Court of Appeal v Collins [1982] 1 NSWLR 682 at 699B Texts Cited: - Category: Interlocutory applications Parties: Closed Court proceedings Representation: Counsel: