DB v The Secretary, Department of Family and Community Services [2016] NSWCA 63

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: DB v The Secretary, Department of Family and Community Services [2016] NSWCA 63 Hearing dates: 26 February 2016 Date of orders: 06 April 2016 Decision date: 06 April 2016 Before: McColl JA at [1]; Meagher JA at [53] Decision: 1. Extend the time to seek leave to appeal to and including 11 December 2015. 2. Dismiss the application for leave to appeal. 3. Each party to pay his or its costs of the application. Catchwords: PROCEDURE – application for leave to appeal against orders made without reasons – whether orders made by consent – leave application futile Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) Civil Procedure Act 2005 (NSW) Court Suppression & Non-publication Orders Act 2010 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Australian Hardboards Ltd v Hudson Investment Group Ltd [2007] NSWCA 104; (2007) 70 NSWLR 201 Comcare v Grimes [1994] FCA 1054; (1994) 50 FCR 60 George v Children's Court of New South Wales [2003] NSWCA 389 Lahoud v Lahoud [2012] NSWCA 401 Phillips v Walsh (1990) 20 NSWLR 206 Re Josie [2004] NSWSC 642; (2004) 32 Fam LR 64 Re Madison [2014] NSWSC 1874 Re Madison (No 2) [2015] NSWSC 27 Re Madison (No 3) (Unreported, Supreme Court of New South Wales, White J, 13 April 2015) Remington Products Australia Pty Ltd v Energizer Australia Pty Ltd [2008] FCAFC 47; (2008) 246 ALR 113 ROFA Sport Management AG v DHL International (UK) Ltd [1989] 2 All ER 743 Say-Dee Pty Ltd v Farah Constructions Pty Ltd (No 3) [2006] NSWCA 329 Tomko v Palasty (No 2) [2007] NSWCA 369; (2007) 71 NSWLR 61 Category: Principal judgment Parties: DB (Applicant) The Secretary, Department of Family and Community Services (First Respondent) Minister of Family and Community Services (Second Respondent) Children's Court of NSW, Bidura (Third Respondent) Madison (Fourth Respondent) Representation: Counsel: DB (Self represented) VA Hartstein (First and Second Respondents) Third Respondent (Submitting appearance) Brian Samuel (Fourth Respondent)