Attorney-General of NSW v George [2020] NSWSC 1621

Supreme Court New South Wales

Medium Neutral Citation: Attorney-General of NSW v George [2020] NSWSC 1621 Hearing dates: 09 November 2020 Date of orders: 18 November 2020 Decision date: 18 November 2020 Jurisdiction: Common Law Before: Garling J Decision: (1) The Further Amended Summons dated 9 November 2020 is dismissed. (2) The order of the Court of 28 October 2020 staying the effect of the decision of the State Parole Authority dated 1 October 2020 to grant the First Defendant parole is discharged. (3) The plaintiff is to pay the first defendant's costs. Catchwords: ADMINISTRATIVE LAW — Whether reviewable error of law — Jurisdictional error — whether the defendant's circumstances constituted 'manifest injustice' - whether the State Parole Authority sufficiently considered mandatory considerations ADMINISTRATIVE LAW — Procedural Fairness — whether the Commissioner was afforded the opportunity to provide adequate submissions to the State Parole Authority Legislation Cited: Crimes (Administration of Sentences) Act 1999 Crimes (Administration of Sentences) Regulation 2014 Cases Cited: Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 Attorney-General of NSW v NSW State Parole Authority [2006] NSWSC 865 Texts Cited: Not Applicable Category: Principal judgment Parties: Attorney-General NSW (P) Damien James George (D) Representation: Counsel: D Birch (Crown) C Goodhand (D)