NSW v Monteiro (No 2)

[2025] NSWCA 39

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Court of Appeal
3. › Expedited hearing
4. › Application for expedition of appeal against interlocutory order
5. › Whether expedition should be ordered having regard to public interest and risk of appeal being rendered inutile
6. › Whether delay in commencing proceedings undermined urgency
7. › Uniform Civil Procedure Rules 2005 (NSW), r 28.2
1. Practice and Procedure
2. › Court of Appeal
3. › Expedited hearing
4. › Extended Supervision Order
5. › Interlocutory variation of conditions
6. › Whether appeal would be rendered inutile by subsequent final hearing
7. › Crimes (High Risk Offenders) Act 2006 (NSW)

Quick Take

An applicant's delay in commencing appellate proceedings and seeking expedition may undermine claims of urgency based on public safety, particularly where no evidence is adduced to support the claimed risk and a final hearing is imminent.

Case Details

Citation[2025] NSWCA 39

CourtNSWCA

JurisdictionNew South Wales

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Relies on4

2024Monteiro v State NSWNSWSC 1667
2022Monteiro v State of New South WalesNSWSC 148
2020State of New South Wales v Monteiro (Final)NSWSC 881
2019State of New South Wales v MillsNSWSC 298

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