NJS v NSW Department of Education & Anor (No 1) [2018] NSWSC 2010

Supreme Court New South Wales

Medium Neutral Citation: NJS v NSW Department of Education & Anor (No 1) [2018] NSWSC 2010 Hearing dates: 6 December 2018 Date of orders: 06 December 2018 Decision date: 06 December 2018 Jurisdiction: Common Law Before: Bellew J Decision: (1) Until further order of the court, the proceedings brought by the plaintiff against the second defendant are stayed. (2) I list the matter for further directions before me on Friday 7 June 2019 at 9.30am. (3) I order that the costs of the motion be the plaintiff's costs in the cause. Catchwords: CIVIL PROCEDURE – Application for temporary stay of proceedings brought by the plaintiff against the second defendant for damages for sexual assault – Where plaintiff's allegations were the subject of criminal charges brought against the second defendant – Where second defendant awaiting trial on those charges – Whether position of the second defendant would be unfairly prejudiced if the plaintiff's proceedings were not stayed pending the outcome of the criminal proceedings – Consideration of principles to be applied – Stay of proceedings granted Legislation Cited: Civil Procedure Act 2005 (NSW) Crimes Act 1900 (NSW) Cases Cited: McMahon v Gould (1982) 7 ACLR 202 Category: Procedural and other rulings Parties: NJS – Plaintiff NSW Department of Education – First Defendant John Kendrew Bradbury – Second Defendant Representation: Counsel: A Mathias - Plaintiff J Ghabrial – Second Defendant