State of New South Wales v Naaman

The State of New South Wales sought a stay of an order made by Fagan J, which had quashed an interim detention order. The application was heard by Leeming JA of the Court of Appeal of New South Wales. The core of the dispute concerned whether the State was entitled to a stay of the order quashing the detention order, pending the State's appeal against that decision.

The primary legal issue before Leeming JA was whether it was appropriate to grant a stay of the order quashing the interim detention order. This involved considering whether the State's appeal was so weak that a stay should be refused, and assessing the balance of convenience between the parties. The court was also required to determine the practical effect of any stay granted, specifically in relation to an existing interim supervision order.

Leeming JA reasoned that the grant of a stay was warranted in the circumstances. His Honour considered the strength of the appeal and the balance of convenience, concluding that the interim supervision order, which had been made by Campbell J and extended by Bellew J, should be revived pending the determination of the appeal. This was to ensure that the status quo, in terms of supervision, was maintained while the appeal was heard.

Consequently, Leeming JA ordered a stay of the orders made by Fagan J, with the effect that the interim supervision order made on 2 August 2018 and subsequently extended would revive and remain in force for the duration of the stay or until further order. Liberty was granted to both parties to apply to amend or alter the conditions of the restored supervision order on one business day's notice.