Druett v. Director-General of Community Services [2001] NSWCA 126

Druett v. Director-General of Community Services [2001] NSWCA 126

No appeal lay to the Court of Appeal from the District Court decision in the statutory appeal under s.81 of the Children (Care and Protection) Act 1987, so Registrar Irwin was correct to dismiss the appeal; the claimant's materials did not suggest any ground for certiorari based on lack of jurisdiction, denial of natural justice, or error of law on the face of the record.

Jurisdiction
Australia
Judgment Date
26 April 2001
Procedural Posture
Notice of Motion Seeking Review of Registrar's Dismissal of an Appeal From the District Court / Court of Appeal Hearing of Notice of Motion
Outcome
Notice of Motion dismissed.
Legal Topics
['appeal to District Court Under Children (care & Protection) Act 1987' 'whether Further Appeal Lies to the Supreme Court From the District Court' 'availability of Certiorari']
['administrative Law' 'appeals' 'children Care and Protection'] ['appeal to District Court Under Children (care & Protection) Act 1987' 'whether Further Appeal Lies to the Supreme Court From the District Court' 'availability of Certiorari']

Case Brief

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Procedural Posture

Notice of Motion Seeking Review of Registrar's Dismissal of an Appeal From the District Court / Court of Appeal Hearing of Notice of Motion

Legal Issues

  1. 1 ['Whether an appeal lay to the Court of Appeal from the District Court decision made on an appeal under s.81 of the Children (Care and Protection) Act 1987.' "Whether Registrar Irwin was correct to dismiss the claimant's appeal from the District Court." 'Whether the material justified considering substitution of an application for certiorari.']

Ratio Decidendi

No appeal lay to the Court of Appeal from the District Court decision in the statutory appeal under s.81 of the Children (Care and Protection) Act 1987, so Registrar Irwin was correct to dismiss the appeal; the claimant's materials did not suggest any ground for certiorari based on lack of jurisdiction, denial of natural justice, or error of law on the face of the record.

Court Disposition

Notice of Motion dismissed.

Orders

  • ['Notice of motion dismissed.' 'Application for costs withdrawn.']