Colquhoun v District Court of New South Wales [2014] NSWCA 460

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Colquhoun v District Court of New South Wales [2014] NSWCA 460 Hearing dates: 12 December 2014 Decision date: 22 December 2014 Before: Beazley P at [1]; Barrett JA at [2]; Leeming JA at [3] Decision: Summons dated 10 February 2014 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: CHILD WELFARE - children in care of State - care order made by Children's Court - pending appeal to District Court - challenge to interlocutory and procedural decisions by District Court - summons seeking judicial review by Supreme Court - no judicially reviewable error shown - summons dismissed Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW), ss 9, 61, 69, 78, 79, 86, 90, 91, 99, 105 District Court Act 1973 (NSW), s 127 Supreme Court Act 1970 (NSW), s 69 Uniform Civil Procedure Rules, rr 2.1, 2.3, 36.16 Cases Cited: Colquhoun v Children's Court [2013] NSWSC 65 Druett v Director-General of Community Services [2001] NSWCA 126 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; 205 CLR 337 Khalifeh v District Court Judge Job (1996) 85 A Crim R 68 Markisic v Commonwealth of Australia [2010] NSWCA 273 Michael Wilson & Partners Ltd v Nicholls [2011] HCA 48; 244 CLR 427 Muldoon v Church of England Children's Homes Burwood [2011] NSWCA 46; 80 NSWLR 282 Spruill v Director-General of the Department of Community Services [2001] NSWCA 413 Zepinic v Chateau Constructions (Aust) Ltd (No 2) [2014] NSWCA 99 Category: Principal judgment Parties: Darren Colquhoun (Applicant) District Court of New South Wales (First Respondent) Director-General, Department of Family and Community Services (Second Respondent) DF (Third Respondent) Anne Mowbray (Independent Legal Representative) Representation: Counsel: Applicant (In person) D Ward (Second Respondent) Third Respondent (In person) P Guterres (Fourth Respondent) Solicitors: Crown Solicitor (Second Respondent) File Number(s): 2014/41852 Publication restriction: Pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW) the names of the 3rd Respondent and the children have been suppressed. Decision under appeal Before: Olsson DCJ; Truss DCJ File Number(s): 2013/225071