D155 v NSW Crime Commission [2015] NSWSC 1931

Supreme Court New South Wales

Medium Neutral Citation: D155 v NSW Crime Commission [2015] NSWSC 1931 Hearing dates: 10 December 2015 Date of orders: 10 December 2015 Decision date: 10 December 2015 Jurisdiction: Common Law Before: Campbell J Decision: I make the following orders: The NSW Crime Commission is restrained from proceeding with questioning of the person referred to in these proceedings as D155 at 9.30am on 11 December 2015 either pursuant to the order made by Adamson J on 3 December 2015 or otherwise until further order, provided D155 complies with the following conditions: File the summons seeking the relief granted by 12 noon 11 December 2015; Take all necessary steps to bring the appeal commenced in 2015/362591 before the Court of Appeal by Monday 14 December 2015 for directions as to the future conduct of the appeal; and File an application for expedition of the appeal under r 51.60 Uniform Civil Procedure Rules 2005 (NSW) by Monday 14 December 2015. Catchwords: PROCEDURE – civil – application to restrain the New South Wales Crime Commission proceeding with questioning the applicant – orders made pursuant to s 35A Crime Commission Act 2012 (NSW) to question the applicant – where applicant has lodged an appeal from the decision with the Court of Appeal – in circumstances where the questioning was to take place before the appeal had been heard Legislation Cited: Crime Commission Act 2012 (NSW); Supreme Court Act 1970 (NSW); Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: NSW Crime Commission v D150 [2015] NSWSC 1842; New South Wales Crime Commission v D109 [2015] NSWSC 1244; Re DG and The Adoption Act 2000 [2007] NSWCA 241 Category: Procedural and other rulings Parties: D155 (Applicant) Crime Commission of New South Wales (Respondent) Representation: Counsel: D. Jordan SC (Applicant) R. Bhalla (Respondent)