Tey v State of NSW [2021] NSWSC 1424

Supreme Court New South Wales

Medium Neutral Citation: Tey v State of NSW [2021] NSWSC 1424 Hearing dates: 3 November 2021 Date of orders: 3 November 2021 Decision date: 03 November 2021 Jurisdiction: Common Law Before: Campbell J Decision: (1) The plaintiff's amended notice of motion is dismissed (2) The defendant's costs are costs in cause Catchwords: JURISDICTION – supervisory jurisdiction – applicant commenced proceedings in Supreme Court impugning validity of certain COVID-19 Public Health Orders – related prosecution afoot in Local Court – where magistrate refused application to vacate hearing date – where both defence to Local Court prosecution and proceedings in Supreme Court raise constitutional issue – applicant seeks order staying Local Court proceedings – whether stay or injunctive relief sought – balance of convenience Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW) Judiciary Act 1903 (Cth) s 78B Public Health (COVID-19 Restrictions on Gathering and Movement) Order (No 4) 2020 (NSW) Public Health (COVID-19 Temporary Movement and Gathering Restrictions) Order 2021 (NSW) Public Health Act 2010 (NSW) Supreme Court Act 1970 (NSW) s 23 Cases Cited: Castlemaine Tooheys Limited & Ors v South Australia (1986) 161 CLR 148 Commissioner of Corrective Services v Liristis [2018] NSWCA 143 Morgentaler v Ackroyd [1983] 42 OR (2d) 659 at 668 Texts Cited: Nil Category: Principal judgment Parties: Victor Kah-Xu Tey (Applicant) State of New South Wales (First Respondent) The Minister for Health (Second Respondent) Commissioner of Police (Third Respondent) Representation: Counsel: J R Bennett (Applicant) R A McEwen (Respondents)