FZ v Commissioner for Children and Young People [2010] NSWSC 1201

New South Wales Supreme Court

CITATION : FZ v Commissioner for Children and Young People [2010] NSWSC 1201

HEARING DATE(S) : 15 October 2010

JUDGMENT DATE : 20 October 2010

JUDGMENT OF : Harrison J

1. Allow the appeal. 2. Set aside the decision of the Administrative Decisions Tribunal made on 14 October 2009 dismissing the plaintiff's application for an order under s 33I of the Commission for Children and Young People Act 1998 declaring that Part 7, Division 2 of the Act not apply to him in respect of an offence under s 61D of the Crimes Act 1900 for which he was convicted on 29 September 1982. 3. Remit the plaintiff's application to the Administrative Decisions Tribunal differently constituted for decision according to law. DECISION : 4. Order that the plaintiff be known by the pseudonym "FZ" with respect to these proceedings, including any appeal. 5. Order that the witnesses identified in the Administrative Decisions Tribunal proceedings below as "KB" and "VB" be known by those pseudonyms with respect to these proceedings, including any appeal. 6. Order the first defendant to pay the plaintiff's costs of the appeal to this Court. 7. Upon the condition that the defendant prosecutes any appeal to which this order refers with all due expedition, order that the above orders be stayed for 14 days or until the hearing and determination of any appeal lodged by the defendant within that period or until further order of the Court.

CATCHWORDS : PRACTICE & PROCEDURE – costs – where plaintiff successful on some but not all grounds of appeal – UCPR 42.1 – whether costs should follow the event – defendant ordered to pay the plaintiff's costs - where defendant seeks stay pending consideration of an appeal to Court of Appeal – where proper to grant stay in the circumstances