Re Benji and Perry [2018] NSWSC 1594

Supreme Court New South Wales

Medium Neutral Citation: Re Benji and Perry [2018] NSWSC 1594 Hearing dates: 18/10/2018 Date of orders: 18 October 2018 Decision date: 18 October 2018 Jurisdiction: Equity Before: McDougall J Decision: Summons dismissed. No order as to costs. Catchwords: CHILDREN – parens patriae jurisdiction – application in effect to prevent implementation of orders made by the Children's Court – where Children's Court ordered that children the subject of the application be returned to their carers – where Department contends that this would pose an unacceptable risk of harm – necessary for a court exercising supervisory or prerogative jurisdiction to confine itself to its powers and not engage in merits review – where judgment of the Children's Court appears logical and analytical on its face – no reviewable error disclosed – application dismissed – more detailed reasons to follow. Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) Cases Cited: Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Briginshaw v Briginshaw (1938) 60 CLR 336 Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705 Director-General of the Department of Community Services v Priestley [2004] NSWSC 639 Category: Procedural and other rulings Parties: Secretary of the NSW Department of Family and Community Services (Plaintiff) The Children's Court of New South Wales (First Defendant) Mr and Mrs Thompson (Second Defendants) Representation: Counsel: M Anderson (Plaintiff)