McGinn v Department of Family and Community Services [2018] NSWSC 770

Supreme Court New South Wales

Medium Neutral Citation: McGinn v Department of Family and Community Services [2018] NSWSC 770 Hearing dates: 25 May 2018 Date of orders: 01 June 2018 Decision date: 01 June 2018 Jurisdiction: Common Law Before: Bellew J Decision: (1) The notice of motion is dismissed. (2) Absent agreement, the parties are to file with my Associate submissions as to the question of costs, such submissions not to exceed two pages in length. Catchwords: PRACTICE AND PROCEDURE – Application to set aside judgment on the basis of irregularity – Where proceedings had been brought in the this court by the applicant – Where those proceedings were summarily dismissed following a contested hearing – Where the applicant was given a full opportunity to be heard on that hearing – Where the applicant brought a motion seeking that the order dismissing the proceedings be set aside on the basis of irregularity – Where no irregularity or bad faith demonstrated – Motion dismissed Legislation Cited: Evidence Act 1995 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Kendell v Carnegie (2006) 68 NSWLR 193; [2006] NSWCA 302 McGinn v Department of Family and Community Services [2017] NSWSC 1124 McGinn v Department of Family and Community Services [2018] NSWSC 103 Perpetual Trustees Australia Pty Limited v Heperu Pty Limited (No. 2) (2009) 78 NSWLR 190; [2009] NSWCA 387 Weber v Aquaqueen International Pty Limited [2013] NSWSC 1181 Category: Principal judgment Parties: Sophia McGinn – Applicant Department of Family and Community Services – Respondent Representation: Counsel: Self-represented – Applicant Y Shariff – Respondent