No appeal lies from the District Court to the Court of Appeal in respect of statutory appeals under s 91 of the Children and Young Persons (Care and Protection) Act 1998 (NSW), as such appeals are not 'actions' within s 127 of the District Court Act 1973 (NSW). Section 247 of the 1998 Act preserves only the Supreme Court's parens patriae jurisdiction and does not create appellate jurisdiction. The correct avenue for challenging such decisions is prerogative relief in the Common Law Division.
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