Pratten v State of New South Wales [2019] NSWCA 124

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Pratten v State of New South Wales [2019] NSWCA 124 Hearing dates: 24 May 2019 Date of orders: 24 May 2019 Decision date: 30 April 2019 Before: Payne JA at [1]; McCallum JA at [3]; Simpson AJA at [29] Decision: (1) The application for leave to appeal is refused; (2) The applicant is to pay the respondent's costs. Catchwords: CIVIL PROCEDURE – Court of Appeal – leave to appeal – primary judge's reasons not attended with sufficient doubt – no question of contested principle raised – leave refused Legislation Cited: District Court Act 1973 (NSW), s 127(2)(c) Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), s 99(1), s 230 Cases Cited: Be Financial Pty Ltd as Trustee for the Financial Operations Trust v Das [2012] NSWCA 164 Secretary, Department of Family and Community Services v Smith (2017) 95 NSWLR 597; [2017] NSWCA 206 Zaravinos v State of New South Wales (2004) 62 NSWLR 58; [2004] NSWCA 320 Category: Principal judgment Parties: Juliette Pratten (applicant) State of New South Wales (respondent) Representation: Counsel: A Canceri (applicant) M Hutchings, G Keesing (respondent)

Solicitors: Rebecca Dunlop Legal (applicant) Norton Rose Fulbright (respondent) File Number(s): 2018/341501 Publication restriction: None Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Civil Citation: [2018] NSWDC 299 Date of Decision: 12 October 2018 Before: Hatzistergos DCJ File Number(s): 2017/32438