HP v The Secretary, Department of Communities & Justice [2024] NSWDC 474

HP v The Secretary, Department of Communities & Justice [2024] NSWDC 474

Given the status of the Guardian ad Litem, who stands in the shoes of the Mother and whose application to discontinue is not opposed by any active party with standing, and there being no basis for revocation of the GAL's appointment, the Court grants leave for the discontinuance of the appeal in accordance with r 12.1(1)(b) of the UCPR to prevent further delay and disruption to the proceedings, in the best interests of the children.

Parties
Plaintiff: HP; Guardian Ad Litem for the Plaintiff: Mr T Tran; First Defendant: Department of Communities and Justice; Second Defendant: NP; Third Defendant: DP; Fourth Defendant: EP; Fifth Defendant: KP; Sixth Defendant: LP
Jurisdiction
Australia
Judgment Date
10 October 2024
Procedural Posture
Civil Appeal / Application for Discontinuance of Appeal After Appointment of Guardian Ad Litem
Outcome
Appeal discontinued by leave of the Court. No order as to costs.
Legal Topics
Appeal From Children's Court, Guardian Ad Litem, Discontinuance of Proceedings, Standing of Parties, Best Interests of the Child
Child Welfare Civil Procedure Appeal From Children's Court Guardian Ad Litem Discontinuance of Proceedings Standing of Parties Best Interests of the Child

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 3 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

HP

Plaintiff

Mr T Tran

Guardian Ad Litem for the Plaintiff

Department of Communities and Justice

First Defendant

NP

Second Defendant

DP

Third Defendant

EP

Fourth Defendant

KP

Fifth Defendant

LP

Sixth Defendant

Procedural Posture

Civil Appeal / Application for Discontinuance of Appeal After Appointment of Guardian Ad Litem

Legal Issues

  1. 1 Whether the Guardian ad Litem may discontinue the appeal proceeding
  2. 2 Whether discontinuance requires the Court's leave
  3. 3 Whether there is any basis to revoke the appointment of the Guardian ad Litem

Ratio Decidendi

Given the status of the Guardian ad Litem, who stands in the shoes of the Mother and whose application to discontinue is not opposed by any active party with standing, and there being no basis for revocation of the GAL's appointment, the Court grants leave for the discontinuance of the appeal in accordance with r 12.1(1)(b) of the UCPR to prevent further delay and disruption to the proceedings, in the best interests of the children.

Court Disposition

Appeal discontinued by leave of the Court. No order as to costs.

Orders

  • Pursuant to r 12.1(b) of the Uniform Civil Procedure Rules 2005 (NSW), leave is granted to the Guardian Ad Litem to discontinue the plaintiff's appeal to this Court, commenced by Summons dated 24 February 2023.
  • There is no order as to costs.