DD v Lewis; DD v PP; DD v AA
Case
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[2024] NSWCA 103
•01 May 2024
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AGLC
Case
Decision Date
DD v Lewis; DD v PP; DD v AA [2024] NSWCA 103
[2024] NSWCA 103
01 May 2024
CaseChat Overview and Summary
In the matters of *DD v Lewis*, *DD v PP*, and *DD v AA*, the applicant, DD, sought leave to appeal and also filed a notice of motion seeking the appointment of a tutor for persons allegedly under legal incapacity. The proceedings were before the Court of Appeal of South Australia, constituted by Payne and Mitchelmore JJA.
The central legal issues before the Court were whether to grant leave to appeal and whether to appoint a tutor for the respondents. However, the applicant did not press the summons seeking leave to appeal or the notice of motion for the appointment of a tutor.
The Court of Appeal, noting that the summons seeking leave to appeal and the notice of motion were not pressed by the applicant, dismissed both. The Court applied the principle that where an application is abandoned or not pursued, it will be dismissed.
Consequently, the Court ordered that the summons seeking leave to appeal and the notice of motion filed on 15 February 2024 in each of the three matters be dismissed with costs.
The central legal issues before the Court were whether to grant leave to appeal and whether to appoint a tutor for the respondents. However, the applicant did not press the summons seeking leave to appeal or the notice of motion for the appointment of a tutor.
The Court of Appeal, noting that the summons seeking leave to appeal and the notice of motion were not pressed by the applicant, dismissed both. The Court applied the principle that where an application is abandoned or not pursued, it will be dismissed.
Consequently, the Court ordered that the summons seeking leave to appeal and the notice of motion filed on 15 February 2024 in each of the three matters be dismissed with costs.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
Legal Concepts
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Appeal
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Costs
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Procedural Fairness
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Cases Citing This Decision
0
Cases Cited
2
Statutory Material Cited
0
Bar-Mordecai v Rotman
[2000] NSWCA 123
Lewis v Doyle; Miles v Doyle; AA v PD
[2023] NSWSC 1301