AB v State of New South Wales [2014] NSWCA 416

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: AB v State of New South Wales [2014] NSWCA 416 Hearing dates: 28 November 2014 Decision date: 28 November 2014 Before: McColl JA at [1] and [18]; Leeming JA at [2] Decision: 1. Pursuant to s 7 of the Court Suppression and Non-Publication Orders Act 2010 (NSW), there be no publication or other disclosure of the identity of the applicant, his daughter or the 2nd respondent school, or of any evidence or other material which would tend to reveal their identity. 2. The summons for leave to appeal is dismissed, with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: APPEAL - application for leave - summary dismissal of claim - no reasonable prospect of success - leave refused Legislation Cited: Anti-Discrimination Act 1977 (NSW) Children and Young Persons (Care and Protection) Act 1988 (NSW), ss 79, 147 Civil Procedure Act 2005 (NSW), s 56 Court Suppression and Non-Publication Orders Act 2010 (NSW) Cases Cited: AB v State of New South Wales [2014] NSWCA 243 Category: Principal judgment Parties: AB (Applicant) State of New South Wales (1st Respondent) The School (2nd Respondent) Representation: Counsel: In person (Applicant) M Allars SC (1st Respondent) Solicitors: NSW Crown Solicitor (1st Respondent) File Number(s): 2014/239598 Publication restriction: Pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW) the names of the Applicant and 2nd Respondent have been suppressed. Decision under appeal Citation: [2014] NSWSC 81 Date of Decision: 2014-02-21 00:00:00 Before: Garling J File Number(s): 2012/384382