State of New South Wales v Kaiser [2021] NSWSC 646

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Kaiser [2021] NSWSC 646 Hearing dates: 6 May 2021 Date of orders: 8 June 2021 Decision date: 08 June 2021 Jurisdiction: Common Law Before: Garling J Decision: 1. Separate questions answered at [94]. 2. Amended Summons filed 5 December 2018 dismissed. 3. Plaintiff to pay the defendant's costs. 4. Order that access to the Court's file in these proceedings be restricted such that access to a non-party would be permitted only with the leave of a judge of the Court, and with prior notice to the parties so as to allow them an opportunity to be heard in respect of the application for access. Catchwords: HIGH RISK OFFENDERS – Extended Supervision Order – Application – Separate questions – Interpretation of s 5B(b) – Whether defendant is a supervised offender under s 5B(b) – Court has no power to make orders Legislation Cited: Crimes (Domestic and Personal Violence) Act 2007 Crimes (High Risk Offenders) Act 2006 Crimes (Serious Sex Offenders) Act 2006 Crimes (Serious Sex Offenders) Amendment Act 2013 Crimes Act 1900 Uniform Civil Procedure Rules 2005 Cases Cited: Kaiser v R [2009] NSWCCA 130 Regina v Brian Andrew Kaiser; Regina v Jeremy Michael Hunt [2007] NSWSC 1362 State of New South Wales v Kaiser (Preliminary) [2018] NSWSC 1971 Decision Restricted [2021] NSWSC 245 Texts Cited: Not Applicable Category: Procedural rulings Parties: State of New South Wales (P) Brian Kaiser (D) Representation: Counsel: C McGorey (P) S A Beckett(D)