Secretary, Department of Education v Joys Child Care Ltd [2017] NSWSC 749

Supreme Court New South Wales

Medium Neutral Citation: Secretary, Department of Education v Joys Child Care Ltd [2017] NSWSC 749 Hearing dates: 17, 18, 19 May 2017 Date of orders: 13 June 2017 Decision date: 13 June 2017 Jurisdiction: Equity - Duty List Before: Parker J Decision: Declaration granted with liberty to apply for final injunctive relief Catchwords: EQUITY – injunctive and declaratory relief – statutory prohibition – standing – regulatory authority – discretionary considerations – interaction between equitable relief and criminal process – offence of strict liability CHILD WELFARE – child care centre – statutory regime – provider and service approvals – cancellation of approvals – service agreement with third party to operate centre – breach of statutory regime – declaration Legislation Cited: Administrative Decisions Review Act 1997 (NSW), s 60 Children (Education and Care Services National Law Application) Act 2010 (NSW), s 8 Children (Education and Care Services) National Law (NSW) ss 31, 34(1), 47(1)(b), 52(b), 70(g), 103, 217, 218 Civil and Administrative Tribunal Act 2013 (NSW), s 43 Civil Procedure Act 2005 (NSW), s 19 Corporations Act 2001 (Cth) Uniform Civil Procedure Rules 2005 (NSW), rr 7.1, 7.2 Cases Cited: Herron v McGregor (1986) 6 NSWLR 246 Peek v New South Wales Egg Corporation (1986) 6 NSWLR 1 Stafford Borough Council v Elkenford Ltd [1977] 2 All ER 519 Walton v Gardiner (1993) 177 CLR 378; [1993] HCA 77 Texts Cited: JD Heydon, MJ Leeming, and PG Turner, Meagher, Gummow and Lehane's Equity Doctrines and Remedies (5th ed, 2015, LexisNexis Butterworths) Category: Principal judgment Parties: Secretary, Department of Education (Plaintiff) Joys Child Care Ltd (First Defendant) Chinese Students Association Inc (Second Defendant) Jan Shang (Third Defendant) Representation: Third Defendant in person (and representing first and second defendants for the purposes of the application