GR v Secretary, Department of Communities and Justice [2020] NSWSC 739

GR v Secretary, Department of Communities and Justice [2020] NSWSC 739

Leave to file the 22 May 2020 notice of motion was refused as the application constituted an abuse of process, being a repeated attempt to obtain substantially the same relief that had just been refused in a prior judgment, in the absence of new evidence or any material change of circumstances, and in non-compliance with procedural restraint orders designed to avoid such duplicative litigation. The applicant failed to provide the required expert medical evidence justifying urgent intervention and continued to pursue repeated, vexatious applications, unduly burdening the Court's resources and the parties.

Parties
Plaintiff: GR; First Defendant: Secretary, Department of Communities and Justice; Second Defendant: Minister for Families, Communities and Disability Services; Third Defendant: The Father; Independent Legal Representative: K Wooi
Jurisdiction
Australia
Judgment Date
16 June 2020
Procedural Posture
Civil / Interlocutory Application Before Equity Division Duty Judge; Application for Leave to File Interlocutory Motion and Summary Dismissal Motion
Outcome
Leave to file the notice of motion dated 22 May 2020 refused; costs ordered against plaintiff; procedural orders further varied to restrain future urgent applications.
Legal Topics
Parens Patriae Jurisdiction, Abuse of Process, Interlocutory Applications, Jurisdiction of Children's Court, Costs
Civil Procedure Equity Family Law Child Protection Parens Patriae Jurisdiction Abuse of Process Interlocutory Applications Jurisdiction of Children's Court +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 38 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

GR

Plaintiff

Secretary, Department of Communities and Justice

First Defendant

Minister for Families, Communities and Disability Services

Second Defendant

The Father

Third Defendant

K Wooi

Independent Legal Representative

Procedural Posture

Civil / Interlocutory Application Before Equity Division Duty Judge; Application for Leave to File Interlocutory Motion and Summary Dismissal Motion

Legal Issues

  1. 1 Whether leave should be granted to file a notice of motion seeking urgent injunctive relief regarding a child in care
  2. 2 Whether the application is an abuse of process due to repeated interlocutory applications seeking similar relief
  3. 3 Whether the procedural orders regarding leave to file applications have been complied with

Ratio Decidendi

Leave to file the 22 May 2020 notice of motion was refused as the application constituted an abuse of process, being a repeated attempt to obtain substantially the same relief that had just been refused in a prior judgment, in the absence of new evidence or any material change of circumstances, and in non-compliance with procedural restraint orders designed to avoid such duplicative litigation. The applicant failed to provide the required expert medical evidence justifying urgent intervention and continued to pursue repeated, vexatious applications, unduly burdening the Court's resources and the parties.

Court Disposition

Leave to file the notice of motion dated 22 May 2020 refused; costs ordered against plaintiff; procedural orders further varied to restrain future urgent applications.

Orders

  • Refuse leave to file the notice of motion dated 22 May 2020.
  • Vary the orders made by Kunc J on 18 March 2020 (and as varied by Robb J on 2 April 2020) by adding sub-orders: (e) requiring parties to note in email applications to the Duty Judge whether leave is required and any upcoming listings; (f) application must include a copy of the judgment of Robb J of 2 April 2020; (g)...