AD and Ors v New South Wales Police [2021] NSWSC 1502

Supreme Court New South Wales

Medium Neutral Citation: AD and Ors v New South Wales Police [2021] NSWSC 1502 Hearing dates: 10 November 2021 Date of orders: 10 November 2021 Decision date: 10 November 2021 Jurisdiction: Common Law Before: Johnson J Decision: 1. The Summons is dismissed.

2. There is no order as to costs.

3. As a consequence of the order dismissing the Summons, the orders made last evening are revoked. Catchwords: CRIMINAL PROCEDURE – urgent application to stay interim forensic procedure order made under s.32 Crimes (Forensic Procedures) Act 2000 – hair samples sought from plaintiffs under the age of 18 years – urgent stay granted – whether stay should be continued – relevance of final hearing to take place before a Magistrate under s.30 Crimes (Forensic Procedures) Act 2000 – stay lifted – Summons dismissed Legislation Cited: Crimes (Forensic Procedures) Act 2000 Supreme Court Act 1970 Cases Cited: Kindermann v JQ [2020] NSWSC 1268 Texts Cited: --- Category: Principal judgment Parties: AD (First Plaintiff) MM (Second Plaintiff) BE (Third Plaintiff) BL (Fourth Plaintiff) TB (Fifth Plaintiff) New South Wales Police (Defendant) Representation: Counsel: Mr A Aguirre, solicitor (AD) Ms VM Love, solicitor (MM) Ms MO Karim, solicitor (BE) Mr P Guirguis, solicitor (BL) Mr J Clifford, solicitor (TB) Mr N Regener, solicitor (Defendant)