State of New South Wales v Monteiro (No 2)

The State of New South Wales sought an expedited hearing of its application for leave to appeal and its appeal against an interlocutory order made by the Supreme Court of New South Wales. The order in question varied and deleted certain conditions of an Extended Supervision Order. The State contended that expedition was warranted due to the public interest and to prevent the appeal from becoming futile. The application for expedition was opposed by the respondent on the grounds of prejudice.

The primary legal issue before Stern JA was whether to grant the State's application for an expedited hearing of the appeal. This involved balancing the State's asserted public interest and the risk of the appeal becoming academic against the potential prejudice to the respondent occasioned by an expedited process.

Stern JA dismissed the application for expedition. While acknowledging the potential public interest considerations and the risk of the appeal becoming moot, the court ultimately determined that expedition was not warranted in this instance. The matter was subsequently referred to the Court of Appeal Registrar’s List for 17 March 2025 at 2:30 pm.