Grimes v New South Wales Crime Commission

The applicant, Grimes, sought leave to appeal from consent orders made on 28 October 2020, which had been made in proceedings against the New South Wales Crime Commission. The appeal was heard by Meagher JA and Simpson AJA in the Court of Appeal of New South Wales.

The primary legal issue before the Court of Appeal was whether to grant leave to appeal from the consent orders. This involved considering the circumstances under which an appeal from consent orders might be permitted, particularly where the applicant sought to challenge the validity of a tutor's appointment and the subsequent orders made. The Court also had to determine the appropriate course of action regarding the existing tutor's appointment and the writ of possession issued in relation to the Kareela property.

The Court of Appeal granted leave to appeal, dispensed with the need for a formal notice of appeal, and allowed the appeal. The Court reasoned that the consent orders should be set aside, with the exception of order 7. The matter was remitted to the Common Law Division for a rehearing, with a direction that the validity of the existing tutor's appointment be determined at the outset. The writ of possession for the Kareela property was also set aside. The applicant's notices of motion filed on 13 July 2021 and 13 September 2021 were dismissed, and a prior referral for assistance was clarified as a referral for legal assistance.