GKD v Director-General, Attorney General's Department; GKD v Director-General, Department of Family and Community Services [2012] NSWCA 219

GKD v Director-General, Attorney General's Department; GKD v Director-General, Department of Family and Community Services [2012] NSWCA 219

The notice of appeal was incompetent because an adoption order does not involve rights capable of valuation in money and an appeal against such an order requires leave. Leave to appeal was refused because GKD's written and oral submissions identified no alleged error in Brereton J's judgment and did not show that the decision was attended with sufficient doubt to warrant reconsideration on appeal. As GKD was totally unsuccessful, there was no occasion to make a costs order in his favour.

Jurisdiction
Australia
Judgment Date
13 July 2012
Procedural Posture
Appeal and Application for Leave to Appeal Against Adoption Order / Court of Appeal Hearing of Notice of Motion to Strike Out Notice of Appeal and Summons Seeking Leave to Appeal
Outcome
Notice of appeal struck out as incompetent; application for leave to appeal dismissed; no costs order in favour of GKD.
Legal Topics
['adoption With Consent of Adoptee' 'appeal Against Adoption Order' 'leave to Appeal' 'incompetent Appeal' 'costs']
['adoption Law' 'appellate Procedure'] ['adoption With Consent of Adoptee' 'appeal Against Adoption Order' 'leave to Appeal' 'incompetent Appeal' 'costs']

Case Brief

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Procedural Posture

Appeal and Application for Leave to Appeal Against Adoption Order / Court of Appeal Hearing of Notice of Motion to Strike Out Notice of Appeal and Summons Seeking Leave to Appeal

Legal Issues

  1. 1 ['Whether an appeal lay as of right against the adoption order made by Brereton J.' 'Whether leave to appeal should be granted where the applicant identified no alleged error in the judgment below.' 'Whether the unsuccessful applicant should receive costs.']

Ratio Decidendi

The notice of appeal was incompetent because an adoption order does not involve rights capable of valuation in money and an appeal against such an order requires leave. Leave to appeal was refused because GKD's written and oral submissions identified no alleged error in Brereton J's judgment and did not show that the decision was attended with sufficient doubt to warrant reconsideration on appeal. As GKD was totally unsuccessful, there was no occasion to make a costs order in his favour.

Court Disposition

Notice of appeal struck out as incompetent; application for leave to appeal dismissed; no costs order in favour of GKD.

Orders

  • ['Strike out as incompetent the notice of appeal filed 14 February 2012.' 'Dismiss the application for leave to appeal filed 24 April 2012.']