GR v Secretary, Department of Families, Disabilities and Community Services [2020] NSWCA 79

GR v Secretary, Department of Families, Disabilities and Community Services [2020] NSWCA 79

Leave to appeal was refused and interlocutory relief sought in the nature of final relief was dismissed because the conditions for urgent application were not satisfied based on the evidence, and such relief was not appropriate to grant at this interlocutory stage.

Jurisdiction
Australia
Judgment Date
24 April 2020
Procedural Posture
Application for Leave to Appeal / Interlocutory
Outcome
Application dismissed
Legal Topics
['leave to Appeal' 'parens Patriae Jurisdiction' 'interlocutory Orders' 'repeated Applications' 'listing Conditions in Equity Division']
['practice and Procedure'] ['leave to Appeal' 'parens Patriae Jurisdiction' 'interlocutory Orders' 'repeated Applications' 'listing Conditions in Equity Division']

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Procedural Posture

Application for Leave to Appeal / Interlocutory

Legal Issues

  1. 1 ['Whether applicant should be granted leave to appeal from interlocutory judgment refusing to list further motion regarding care of her child' 'Whether interlocutory relief in the nature of final relief should be granted']

Ratio Decidendi

Leave to appeal was refused and interlocutory relief sought in the nature of final relief was dismissed because the conditions for urgent application were not satisfied based on the evidence, and such relief was not appropriate to grant at this interlocutory stage.

Court Disposition

Application dismissed

Orders

  • ["Dismiss the applicant's notice of motion filed 9 April 2020." 'Refuse the further relief sought orally on the hearing of the motion.']