State of New South Wales v Naaman [2018] NSWCA 293

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: State of New South Wales v Naaman [2018] NSWCA 293 Hearing dates: 23 November 2018 Decision date: 23 November 2018 Before: Leeming JA Decision: 1. An order staying or suspending the orders made by Fagan J on 31 October 2018, with the intention that the interim supervision order made by Campbell J on 2 August 2018 and last extended by Bellew J on 25 September 2018 revives for the duration of this order, or until further order of the Court.

2. Grant liberty to both parties to apply on 1 business day's notice to my Associate for any application to amend or delete or alter the conditions of the orders whose operation has been restored by order 1.

Note that attached to this order is a sealed copy of the schedule of conditions of supervision which were originally made on 2 August 2018 and thereafter continued on 28 August and 25 September 2018. Catchwords: PRACTICE AND PROCEDURE – stay – application for stay of order quashing interim detention order pending appeal – whether appropriate case for grant of stay – whether appeal so weak that stay should be refused – balance of convenience – interim supervision order granted Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Supreme Court Act 1970 (NSW), s 46 Terrorism (High Risk Offenders) Act 2017 (NSW), ss 20, 28, 53 Cases Cited: Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685 State of New South Wales v Donovan [2015] NSWCA 273 State of New South Wales v Naaman (No 2) [2018] NSWSC 1329 State of New South Wales v Naaman (Final) [2018] NSWSC 1635 Category: Principal judgment Parties: State of New South Wales (Applicant) Mohamed Naaman (Respondent) Representation: Counsel: