DD v AA; DD v Lewis; DD v PP (No 2) [2023] NSWCA 260

DD v AA; DD v Lewis; DD v PP (No 2) [2023] NSWCA 260

The notice of motion seeking leave to file and serve subpoenas and a notice to produce was dismissed because neither the supporting affidavit nor submissions identified any subpoena or notice to produce for which leave was sought. The request to set aside Griffiths AJA's orders could not be determined by a single Judge of Appeal and was stood over to the appeal hearing. No sufficient reason was shown to review the Registrar's directions, but the show cause listing was stood over because it would be inappropriate to dismiss the appeals for want of prosecution before the pending application concerning Griffiths AJA's orders and the respondents' adjourned summary dismissal motions were...

Jurisdiction
Australia
Judgment Date
31 October 2023
Procedural Posture
Civil Procedure Appeal Applications / Applications Before a Judge of Appeal Concerning Notices of Motion, Show Cause Listing, and Adjourned Summary Dismissal Motions
Outcome
The appellant's notice of motion seeking leave to file and serve subpoenas and a notice to produce was dismissed with costs; paragraph 3 of the appellant's notice of motion seeking to set aside the 22 June 2023 orders and judgment was stood over to the hearing of the appeal on 17 November 2023; the show cause...
Legal Topics
['applications to Discharge or Vary Orders and Directions Given by Judge of Appeal' 'leave to File and Serve Subpoenas and Notice to Produce' "review of Registrar's Orders" 'security for Costs' 'summary Dismissal' 'tutor and Legal Incapacity']
['civil Procedure' 'appeals'] ['applications to Discharge or Vary Orders and Directions Given by Judge of Appeal' 'leave to File and Serve Subpoenas and Notice to Produce' "review of Registrar's Orders" 'security for Costs' 'summary Dismissal' 'tutor and Legal Incapacity']

Case Brief

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Procedural Posture

Civil Procedure Appeal Applications / Applications Before a Judge of Appeal Concerning Notices of Motion, Show Cause Listing, and Adjourned Summary Dismissal Motions

Legal Issues

  1. 1 ['Whether the appellant should be granted leave to file and serve subpoenas and a notice to produce.' 'Whether a single Judge of Appeal could set aside the orders and judgment made by Griffiths AJA on 22 June 2023.' "Whether the Registrar's orders of 23 August 2023 should be reviewed." "Whether the show cause listing should proceed before the application to review Griffiths AJA's orders and the respondents' adjourned notices of motion for summary dismissal." 'What directions should be made concerning the report of Dr Dick Quan dated 3 October 2023.']

Ratio Decidendi

The notice of motion seeking leave to file and serve subpoenas and a notice to produce was dismissed because neither the supporting affidavit nor submissions identified any subpoena or notice to produce for which leave was sought. The request to set aside Griffiths AJA's orders could not be determined by a single Judge of Appeal and was stood over to the appeal hearing. No sufficient reason was shown to review the Registrar's directions, but the show cause listing was stood over because it would be inappropriate to dismiss the appeals for want of prosecution before the pending application concerning Griffiths AJA's orders and the respondents' adjourned summary dismissal motions were...

Court Disposition

The appellant's notice of motion seeking leave to file and serve subpoenas and a notice to produce was dismissed with costs; paragraph 3 of the appellant's notice of motion seeking to set aside the 22 June 2023 orders and judgment was stood over to the hearing of the appeal on 17 November 2023; the show cause...

Orders

  • ["Dismiss with costs the appellant's notice of motion filed on 22 September 2023 seeking the grant of leave to file and serve subpoenas and a notice to produce." 'Stand over paragraph (3) of the notice of motion filed on 22 September 2023 which seeks an order that "the 22 June 2023 orders and judgement made by...