McKane v Commissioner of Corrective Services for New South Wales [2021] NSWSC 324

Supreme Court New South Wales

Medium Neutral Citation: McKane v Commissioner of Corrective Services for New South Wales [2021] NSWSC 324 Hearing dates: 1 July 2020 Date of orders: 1 April 2021 Decision date: 01 April 2021 Jurisdiction: Common Law Before: Walton J Decision: The Court orders the amended summons filed 1 April 2020 be dismissed. Catchwords: ADMINISTRATIVE LAW – judicial review – application for injunctive relief – plaintiff's security classification – Corrective Services NSW Inmate Classification and Placement Policy – Commissioner of Corrective Services NSW made decision declining to approve the recommendation of the Serious Offenders Review Council – no proper basis for injunctive relief – consideration of Clark v Commissioner for Corrective Services [2016] NSWCA 186 – application dismissed – no order for costs Legislation Cited: Acts Interpretation Act 1987 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes (Administration of Sentences) Act 1999 (NSW) Crimes (Administration of Sentences) (Correctional Centre Routine) Regulation 1995 (NSW) Crimes (Administration of Sentences) Regulation 2001 (NSW) Crimes (Administration of Sentences) Regulation 2008 (NSW) Crimes (Administration of Sentences) Regulation 2014 (NSW) Felons (Civil Proceedings) Act 1981 (NSW) Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Clark v Commissioner for Corrective Services [2016] NSWCA 186 Corporation of the City of Enfield v Development Assessment Commission (2000) 199 CLR 135; [2000] HCA 5 Davies v R [2018] VSCA 315 Davison v Commissioner for Corrective Services [2011] NSWSC 699 Director-General, Department of Trade & Investment, Regional Infrastructure and Services v Lewis [2012] NSWCA 436 Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577; [1979] FCA 39 Hamzy v Commissioner of Corrective Services and the State of NSW [2020] NSWSC 414 Kelleher v Commissioner of Department of Corrective Services [1999] NSWSC 86 Modica v Commissioner for Corrective Services (1994) 77 A Crim R 82 Pastalis v State of New South Wales [2012] NSWCA 307 Smethurst v Commissioner of Police [2020] HCA 14 Voicu v The Owners-Strata Plan No 1624 [2020] NSWCA 52 Category: Principal judgment Parties: Jeffrey Alan McKane (Plaintiff) Commissioner of Corrective Service for New South Wales (Defendant) Representation: Counsel: D Birch (Defendant)