Burton v Secretary, Department of Communities and Justice [2020] NSWCA 68

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Burton v Secretary, Department of Communities and Justice [2020] NSWCA 68 Hearing dates: 17 April 2020 Date of orders: 17 April 2020 Decision date: 17 April 2020 Before: Meagher JA; Leeming JA. Decision: 1. Dismiss the summons seeking leave to appeal filed 28 January 2020. 2. No order as to costs. Catchwords: APPEAL – application for leave – challenge to decision to refuse summary dismissal of proceedings – no appellable error in decision – leave refused Legislation Cited: Administrative Arrangements (Administrative Changes – Public Service Agencies) Order 2019 Children and Young Persons (Care and Protection) Act 1998 (NSW), ss 43, 105 Constitution Act 1902 (NSW), ss 50A, 50D Court Suppression and Non-publication Orders Act 2010 (NSW), s 16 Judiciary Act 1903 (Cth), s 78B Cases Cited: Burton v Secretary, Department of Family and Community Services [2019] NSWCA 21 Lazarus v Independent Commission Against Corruption (2017) 94 NSWLR 36; [2017] NSWCA 37 Secretary, Department of Family and Community Services v Burton [2018] NSWSC 371 Secretary, Department of Family and Community Services v Burton (No 2) [2019] NSWSC 1865 Category: Principal judgment Parties: Paul Robert Burton (Applicant) Secretary, Department of Communities and Justice (Respondent) Representation: Counsel: Applicant in person M England (Respondent)