NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Potkonyak v Attorney General of NSW [2019] NSWSC 987 Hearing dates: 2 August 2019 Date of orders: 07 August 2019 Decision date: 07 August 2019 Jurisdiction: Common Law Before: Fagan J Decision: Summons dismissed summarily pursuant to r 13.4, with costs. Catchwords: CIVIL PROCEDURE – summary dismissal of proceedings– where only declaratory relief sought – no standing – no extant controversy between any parties capable of being resolved by declarations sought – proceedings dismissed Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) Civil Procedure Act 2005 (NSW) Cases Cited: Ainsworth v Criminal Justice Commission (1992) 175 CLR 564; [1992] HCA 10 Aussie Airlines Pty Ltd v Australian Airlines Ltd (1996) 68 FCR 406; (1996) 139 ALR 663 Re Alastair [2006] NSWSC 411 Category: Procedural and other rulings Parties: George Potkonyak Attorney General of New South Wales - first defendant Secretary, Department of Communities and Justice - second defendant Legal Aid NSW - third defendant Children's Court of New South Wales, sixth defendant Representation: Counsel: N/A - plaintiff D Birch - first defendant
Solicitors: P Potkonyak -self represented plaintiff Crown Solicitors Office - defendants
File Number(s): 2019/187576 Publication restriction: No Decision under appeal File Number(s): 2019/187576
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