NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Hariz v Secretary, Department of Communities and Justice [2021] NSWSC 694 Hearing dates: 11 June 2021 Date of orders: 11 June 2021 Decision date: 11 June 2021 Jurisdiction: Equity - Duty List Before: Parker J Decision: See [45] Catchwords: CIVIL PROCEDURE – application challenging an interlocutory decision of the Children's Court – oral application to stay proceedings in the Children's Court – where the effect of the interlocutory decision was that the plaintiff was unable to subpoena documents from NSW Police – whether the Court's parens patriae jurisdiction is engaged – whether the Court's prerogative relief jurisdiction under the Supreme Court Act 1970 (NSW) is engaged – no grounds to justify intervention in the Children's Court proceedings – application dismissed with costs Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW), s 45 Supreme Court Act 1970 (NSW), s 69 Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Hariz v Department of Communities & Justice [2021] NSWSC 519 RH v Secretary, Department of Communities & Justice [2021] NSWCA 101 Category: Procedural rulings Parties: Raed Hariz (Plaintiff) Secretary, Department of Communities and Justice (Defendant) Representation: Counsel: B Dean (Defendant)
R Lee (for Commissioner for Police)
Solicitors: Crown Solicitors Office
In person: R Hariz File Number(s): 2021/163335 Publication restriction: Nil
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