Kayirici v Commissioner of Corrective Services [2021] NSWSC 972

Supreme Court New South Wales

Medium Neutral Citation: Kayirici v Commissioner of Corrective Services [2021] NSWSC 972 Hearing dates: 4 August 2021 Date of orders: 4 August 2021 Decision date: 04 August 2021 Jurisdiction: Common Law Before: Bellew J Decision: (1) The proceedings are dismissed. (2) I make no order as to costs. (3) I waive any fee payable to the Registrar or to the Court which might otherwise have been payable by the plaintiff in relation to the commencement of these proceedings. (4) I direct the solicitor for the Defendant to send a copy of this judgment to the plaintiff. Catchwords: ADMINISTRATIVE LAW – Judicial review – Where plaintiff was an inmate in a NSW correctional centre – Where there was evidence establishing that the plaintiff was terminally ill with a life expectancy of between 3 and 6 months – Where plaintiff sought that he be allowed personal visits by his sister – Where Commissioner of Corrective Services determined that no such visits would be permitted – Where plaintiff sought judicial review of that decision – Where the Commissioner revised that decision following the commencement of proceedings so as to permit visits by the plaintiff's sister via AVL – Where the current circumstances brought about by Covid-19 prohibit personal visits to any inmate – Where the Commissioner's revised decision therefore gave the plaintiff the same benefit as that given to all inmates – Proceedings dismissed Legislation Cited: Civil Procedure Regulation 2017 (NSW) Felons (Civil Proceedings) Act 1981 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Patsalis v State of NSW (2012) 81 NSWLR 742; [2012] NSWCA 307 Whiteoak v State Parole Authority and the Attorney-General of NSW [2020] NSWSC 185 Category: Procedural rulings Parties: Mustafa Kayirici – Plaintiff Commissioner of Corrective Services – Defendant Representation: Counsel: Self-represented – Plaintiff C.Palmer – Defendant