Mawas v State Parole Authority & Anor [2021] NSWSC 652

Supreme Court New South Wales

Medium Neutral Citation: Mawas v State Parole Authority & Anor [2021] NSWSC 652 Hearing dates: 27 April 2021 Date of orders: 09 June 2021 Decision date: 09 June 2021 Jurisdiction: Common Law Before: Cavanagh J Decision: (1) The time for commencing these proceedings is extended until 29 January 2021 pursuant to r 59.10(2) UCPR. (2) The summons is dismissed. (3) The plaintiff is to pay the second defendant's costs. (4) Should any other order be sought in respect of costs, I grant liberty to the parties to apply to relist the matter on 3 days' notice. Catchwords: ADMINISTRATIVE LAW – Ground of review other than procedural fairness – Unreasonableness – Decision of State Parole Authority to revoke parole where offender had been charged with offences – Application of s170A Crimes (Administration of Sentences) Act 1999 (NSW) ADMINISTRATIVE LAW – Threshold test for procedural fairness – Regular practice – Requirements of State Parole Authority when revoking parole Legislation Cited: Crimes Act 1900 (NSW) Crimes (Administration of Sentences) Act 1999 (NSW) Crimes (Domestic and Personal Violence) Act 2007 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321; [1990] HCA 33 Boatswain v State Parole Authority [2014] NSWSC 501 Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Dib v Parole Authority of NSW [2009] NSWSC 575 Greyhound Racing Authority (NSW) v Bragg [2003] NSWCA 388 International Finance Trust Company Limited v New South Wales Crime Commission (2009) 240 CLR 319; [2009] HCA 49 Lofthouse v Stirling (2008) 173 FCR 574; [2008] FCA 1936 Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1; [2016] FCAFC 11 Minister for Immigration and Border Protection v SZVFW (2018) 264 CLR 541; [2018] HCA 30 R (Osborn) v Parole Board [2014] AC 1115 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam (2003) 214 CLR 1; [2003] HCA 6 Category: Principal judgment Parties: Rabeeh Mawas (Plaintiff) State Parole Authority (First Defendant) Attorney General for New South Wales (Second Defendant) Representation: Counsel: P Lange (Plaintiff) J Davidson (Second Defendant)