DD v Lewis; DD v PP; DD v AA

Amended in accordance with the principles in Bar-Mordecai v Rotman & Ors [2000] NSWCA 123

1. [1]

   PAYNE JA: Before the Court this morning are three summonses for leave to appeal and three notices of motion. There is a summons for leave to appeal in the matter of DD v Darren John Lewis (2023/00363042) and a notice of motion in the same proceedings. There is a summons for leave to appeal in the matter of DD v PP (2023/00363056) and a notice of motion in the same matter. Finally, there is a summons for leave to appeal in the matter of DD v AA (2023/00363057) and a notice of motion in the same proceedings.

2. [2]

   Broadly speaking, the summonses for leave to appeal sought to attack three earlier decisions of this Court made respectively by Yehia J, Walton J and Campbell J. Each notice of motion sought the appointment of a tutor to Mr DD, apparently on the basis that the tutor should have been appointed by each of Yehia J, Walton J and Campbell J.

3. [3]

   This morning, Mr Brown of counsel appears for the respondents in each matter, and helpfully handed a series of emails to the Court, which I have marked exhibit 1, the effect of which is that, on instructions, a solicitor, Mr Agosta, acting for Mr DD on instructions from Mr DD’s attorney, Mr Barbeliuk, seeks to withdraw the summonses, and does not press the notices of motion. He neither consents to nor opposes the making of a cost order in relation to the dismissal of the summonses and notices of motion.

4. [4]

   There is no basis shown in any of the voluminous material which was filed, other than for the Court to make orders that costs follow the event. Accordingly, the summonses in each of the matters of DD v Lewis, DD v PP and DD v AA is dismissed with costs, and the notices of motion in DD v Lewis, DD v PP and DD v AA are each dismissed with costs.

5. [5]

   The orders of the Court in proceeding 2023/00363042 are:

   1. (1)

      The summons seeking leave to appeal dated 15 February 2024 is dismissed with costs.

   2. (2)

      The applicant’s notice of motion filed on 15 February 2024 is dismissed with costs.

6. [6]

   The orders of the Court in proceeding 2023/00363056 are:

   1. (1)

      The summons seeking leave to appeal dated 15 February 2024 is dismissed with costs.

   2. (2)

      The applicant’s notice of motion filed on 15 February 2024 is dismissed with costs.

7. [7]

   The orders of the Court in proceeding 2023/00363057 are:

   1. (1)

      The summons seeking leave to appeal dated 15 February 2024 is dismissed with costs.

   2. (2)

      The applicant’s notice of motion filed on 15 February 2024 is dismissed with costs.

8. [8]

   MITCHELMORE JA: I agree with the orders of Payne JA, and with his Honour’s reasons.