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

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

The balance of the proper administration of justice falls in favour of the second defendant, who should not be required to file anything in the civil proceedings while identical criminal proceedings remain outstanding, due to the real possibility of prejudice.

Jurisdiction
Australia
Judgment Date
06 December 2018
Procedural Posture
Civil / Interlocutory Motion for Temporary Stay
Outcome
Temporary stay of proceedings granted in favour of second defendant until further order; costs of the motion to be plaintiff's costs in the cause.
Legal Topics
['temporary Stay of Proceedings' 'prejudice Due to Parallel Criminal Trial']
['civil Procedure'] ['temporary Stay of Proceedings' 'prejudice Due to Parallel Criminal Trial']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Interlocutory Motion for Temporary Stay

Legal Issues

  1. 1 ['Whether civil proceedings should be stayed pending determination of parallel criminal proceedings against the second defendant.' 'Whether the second defendant would be unfairly prejudiced by having to defend civil proceedings before resolution of criminal charges.']

Ratio Decidendi

The balance of the proper administration of justice falls in favour of the second defendant, who should not be required to file anything in the civil proceedings while identical criminal proceedings remain outstanding, due to the real possibility of prejudice.

Court Disposition

Temporary stay of proceedings granted in favour of second defendant until further order; costs of the motion to be plaintiff's costs in the cause.

Orders

  • ['Until further order of the court, the proceedings brought by the plaintiff against the second defendant are stayed.' 'Matter listed for further directions on Friday 7 June 2019 at 9.30am.' "Costs of the motion to be the plaintiff's costs in the cause."]