Court of Appeal
Supreme Court
New South Wales
Medium Neutral Citation: DD v AA; DD v Lewis; DD v PP [2023] NSWCA 140 Hearing dates: 20 June 2023 Date of orders: 22 June 2023 Decision date: 22 June 2023 Before: Griffiths AJA Decision: DD v AA (2023/63196)
(1) The application for an adjournment is dismissed, with costs.
(2) The Tutor Motion is dismissed, with costs.
(3) The Stay Motion is dismissed, with costs.
(4) The Fresh Evidence Motion be adjourned to the hearing of the appeal.
(5) The Amended Notice of Appeal Motion is dismissed, with costs.
(6) The Dismissal Motion be adjourned to the hearing of the appeal.
(7)
(a) The appellant provide security for the respondent’s costs of the appeal in the amount of $20,000 (GST inclusive) by payment into Court or provision of security to the satisfaction of the Registrar, such security to be provided on or before 17 August 2023.
(b) Order that the proceedings in this Court be stayed until such security is given.
(c) Liberty to the respondent to apply after 17 August 2023 for an order that the appeal be dismissed if the security ordered has not been provided by 17 August 2023.
(d)The appeal to be listed before the Registrar for directions as soon as practicable after 17 August 2023.
DD v Lewis (2023/63182)
(1) The application for an adjournment is dismissed, with costs.
(2) The Tutor Motion is dismissed, with costs.
(3) The Stay Motion is dismissed, with costs.
(4) The Fresh Evidence Motion be adjourned to the hearing of the appeal.
(5) The Amended Notice of Appeal Motion is dismissed, with costs.
(6) The Dismissal Motion be adjourned to the hearing of the appeal.
(7)
(a) The appellant provide security for the respondent’s costs of the appeal in the amount of $20,000 (GST inclusive) by payment into Court or provision of security to the satisfaction of the Registrar, such security to be provided on or before 17 August 2023.
(b) Order that the proceedings in this Court be stayed until such security is given.
(c) Liberty to the respondent to apply after 17 August 2023 for an order that the appeal be dismissed if the security ordered has not been provided by 17 August 2023.
(d) The appeal to be listed before the Registrar for directions as soon as practicable after 17 August 2023.
DD v PP (2023/63191)
(1) The application for an adjournment is dismissed, with costs.
(2) The Tutor Motion is dismissed, with costs.
(3) The Stay Motion is dismissed, with costs.
(4) The Fresh Evidence Motion be adjourned to the hearing of the appeal.
(5) The Amended Notice of Appeal Motion is dismissed, with costs.
(6) The Dismissal Motion be adjourned to the hearing of the appeal.
(7)
(a) The appellant provide security for the respondent’s costs of the appeal in the amount of $32,000 (GST inclusive) by payment into Court or provision of security to the satisfaction of the Registrar, such security to be provided on…
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- Case
- [2023] NSWCA 140
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Court were whether the appellant had established sufficient grounds for an adjournment, whether the requirements for appointing a tutor had been met, whether a stay of proceedings was warranted, whether fresh evidence should be permitted, whether the notice of appeal could be amended, and whether the appeals should be dismissed. Crucially, the Court also had to determine if special circumstances existed to justify an order for security for costs, given the appellant's previous appeal had been dismissed for failure to provide security.
Griffiths AJA dismissed the applications for adjournment, tutor, and stay, finding that the medical evidence provided was insufficient and that the Uniform Civil Procedure Rules requirements had not been met. The Court also dismissed the application to amend the notice of appeal. While the motions for fresh evidence and dismissal were adjourned to the hearing of the appeal, the Court ordered the appellant to provide security for the respondents' costs, in the amount of $20,000 for *DD v AA* and *DD v Lewis*, and $32,000 for *DD v PP*. The Court reasoned that there was no suggestion that the appeals would be rendered nugatory by an order for security, and that the appellant had not demonstrated that such an order would stultify the proceedings, particularly in light of a prior appeal being dismissed for non-compliance with a security for costs order. Proceedings were stayed until the security was provided, with liberty to the respondents to apply for dismissal if the security was not furnished by the specified date.
Orders
Orders of the court
DD v AA (2023/63196)
(1) The application for an adjournment is dismissed, with costs.
(2) The Tutor Motion is dismissed, with costs.
(3) The Stay Motion is dismissed, with costs.
(4) The Fresh Evidence Motion be adjourned to the hearing of the appeal.
(5) The Amended Notice of Appeal Motion is dismissed, with costs.
(6) The Dismissal Motion be adjourned to the hearing of the appeal.
(7)
(a) The appellant provide security for the respondent’s costs of the appeal in the amount of $20,000 (GST inclusive) by payment into Court or provision of security to the satisfaction of the Registrar, such security to be provided on or before 17 August 2023.
(b) Order that the proceedings in this Court be stayed until such security is given.
(c) Liberty to the respondent to apply after 17 August 2023 for an order that the appeal be dismissed if the security ordered has not been provided by 17 August 2023.
(d)The appeal to be listed before the Registrar for directions as soon as practicable after 17 August 2023.
DD v Lewis (2023/63182)
(1) The application for an adjournment is dismissed, with costs.
(2) The Tutor Motion is dismissed, with costs.
(3) The Stay Motion is dismissed, with costs.
(4) The Fresh Evidence Motion be adjourned to the hearing of the appeal.
(5) The Amended Notice of Appeal Motion is dismissed, with costs.
(6) The Dismissal Motion be adjourned to the hearing of the appeal.
(7)
(a) The appellant provide security for the respondent’s costs of the appeal in the amount of $20,000 (GST inclusive) by payment into Court or provision of security to the satisfaction of the Registrar, such security to be provided on or before 17 August 2023.
(b) Order that the proceedings in this Court be stayed until such security is given.
(c) Liberty to the respondent to apply after 17 August 2023 for an order that the appeal be dismissed if the security ordered has not been provided by 17 August 2023.
(d) The appeal to be listed before the Registrar for directions as soon as practicable after 17 August 2023.
DD v PP (2023/63191)
(1) The application for an adjournment is dismissed, with costs.
(2) The Tutor Motion is dismissed, with costs.
(3) The Stay Motion is dismissed, with costs.
(4) The Fresh Evidence Motion be adjourned to the hearing of the appeal.
(5) The Amended Notice of Appeal Motion is dismissed, with costs.
(6) The Dismissal Motion be adjourned to the hearing of the appeal.
(7)
(a) The appellant provide security for the respondent’s costs of the appeal in the amount of $32,000 (GST inclusive) by payment into Court or provision of security to the satisfaction of the Registrar, such security to be provided on or before 17 August 2023.
(b) Order that the proceedings in this Court be stayed until such security is given.
(c) Liberty to the respondent to apply after 17 August 2023 for an order that the appeal be dismissed if the security ordered has not been provided by 17 August 2023.
(d) The appeal to be listed before the Registrar for directions as soon as practicable after 17 August 2023.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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