Tua v Commissioner of NSW Police [2021] NSWSC 1159

Supreme Court New South Wales

Medium Neutral Citation: Tua v Commissioner of NSW Police [2021] NSWSC 1159 Hearing dates: Decided on the papers Date of orders: 10 September 2021 Decision date: 10 September 2021 Jurisdiction: Common Law Before: Lonergan J Decision: See orders set out at [22] Catchwords: CRIME – appeal and review – judicial review – order of Local Court declaring plaintiff registrable person under Child Protection (Offenders Registration) Act 2000 – order quashed – defendant acknowledged errors by Magistrate and that relief sought should be granted – Court satisfied of jurisdictional error - consequential orders Legislation Cited: Child Protection (Offenders Registration) Act 2000 (NSW) Crimes (Appeal and Review) Act 2001 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Supreme Court Rules 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: O'Neill v Commissioner of Police [2020] NSWSC 1805 Category: Principal judgment Parties: Felix Tua (Plaintiff) Commissioner of NSW Police (First Defendant) Local Court of New South Wales (Second Defendant) Representation: Counsel: P Coady / A Bhasin (Plaintiff) J Davidson (First Defendant)

Solicitors: Legal Aid NSW (Plaintiff) Crown Solicitor's Office (NSW) (First Defendant) Crown Solicitor's Office (NSW) (Second Defendant) File Number(s): 2021/207940 Publication restriction: Nil Decision under appeal Court or tribunal: Local Court of NSW Jurisdiction: Criminal Date of Decision: 28 July 2020 Before: Magistrate Bartley File Number(s): 2020/189553