DD v Lewis; DD v PP; DD v AA [2024] NSWCA 103

DD v Lewis; DD v PP; DD v AA [2024] NSWCA 103

The summonses for leave to appeal were withdrawn by the applicant and not pressed, and no substantive basis for the appointment of a tutor or for leave to appeal was shown. Accordingly, all summonses and notices of motion were dismissed with costs.

Parties
Applicant: DD; Respondent: Darren John Lewis; Respondent: PP; Respondent: AA
Jurisdiction
Australia
Judgment Date
01 May 2024
Procedural Posture
Civil Procedure / Application for Leave to Appeal
Outcome
All summonses seeking leave to appeal and all notices of motion were dismissed with costs.
Legal Topics
Leave to Appeal, Appointment of Tutor, Costs
Civil Procedure Leave to Appeal Appointment of Tutor Costs

Case Brief

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Parties

DD

Applicant

Darren John Lewis

Respondent

PP

Respondent

AA

Respondent

Procedural Posture

Civil Procedure / Application for Leave to Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted for decisions made by Yehia J, Walton J and Campbell J
  2. 2 Whether a tutor should be appointed for Mr DD

Ratio Decidendi

The summonses for leave to appeal were withdrawn by the applicant and not pressed, and no substantive basis for the appointment of a tutor or for leave to appeal was shown. Accordingly, all summonses and notices of motion were dismissed with costs.

Court Disposition

All summonses seeking leave to appeal and all notices of motion were dismissed with costs.

Orders

  • The summons seeking leave to appeal dated 15 February 2024 in each proceeding (2023/00363042, 2023/00363056, 2023/00363057) is dismissed with costs.
  • The applicant's notice of motion filed on 15 February 2024 in each proceeding is dismissed with costs.