Samandi v State Parole Authority [2021] NSWSC 1037

Supreme Court New South Wales

Medium Neutral Citation: Samandi v State Parole Authority [2021] NSWSC 1037 Hearing dates: 17 August 2021 Date of orders: 20 August 2021 Decision date: 20 August 2021 Jurisdiction: Common Law Before: Davies J Decision: 1. Dismiss the proceedings. 2. The plaintiff is to pay the defendant's costs. Catchwords: ADMINISTRATIVE LAW – grounds for review – irrelevant and relevant considerations – inadequacy of reasons - procedural fairness – where State Parole Authority revoked parole order prior to release of plaintiff and subsequently refused to rescind revocation order - where SPA declined to rescind revocation of parole order based on information including material withheld pursuant to s 194 Crimes (Administration of Sentences) Act 1999 (NSW - whether there was failure by SPA to provide proper reasons - whether relevant and irrelevant considerations taken into account - where SPA not bound to take into account any particular consideration – whether SPA asked the wrong question – whether withholding s 194 material amounted to procedural unfairness CIVIL PROCEDURE - suppression and non-publication - application made by defendant for suppression orders in relation to information withheld by judicial member of SPA pursuant to s 194 - application for order in reliance on s 23 of Supreme Court Act that withheld information not be disclosed to plaintiff - receipt of closed evidence - whether ordinary requirement of procedural fairness can be modified where present hearing is judicial review of decision and decision maker entitled not to accord procedural fairness - where order should be made that evidence be received as closed CRIME – parole – refusal of SPA to rescind parole revocation order – whether decision made on the basis of false, misleading or irrelevant information Legislation Cited: Court Suppression and Non-publication Orders Act 2010 (NSW) ss 7, 8 Crimes (Administration of Sentences) Act 1999 (NSW) ss 130, 155, 173, 174, 175, 176, 193C, 194, Sched 1 cl 11 Crimes (Sentencing Procedure) Act 1999 (NSW) s 23 Criminal Procedure Act 1986 (NSW) s 166 Supreme Court Act 1970 (NSW) ss 23, 69A Foreign Evidence Act 1994 (Cth) s 3 Uniform Civil Procedure Rules 2005 (NSW) Pt 59 Cases Cited: AB (A Pseudonym) v R (No 3) (2019) 97 NSWLR 1046; [2019] NSWCCA 46 Alister v The Queen (1984) 154 CLR 404; [1984] HCA 85 Applicant VEAL of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 225 CLR 88; [2005] HCA 72 Assistant Commissioner Michael James Condon v Pompano Pty Ltd (2013) 252 CLR 38; [2013] HCA 7 Attorney General for New South Wales v New South Wales State Parole Authority [2006] NSWSC 865 Attorney General of New South Wales v Chiew Seng Liew [2012] NSWSC 1223 Bank Mellat v Her Majesty's Treasury (No 2) [2014] AC 700 Dib v Parole Authority of NSW [2009] NSWSC 575 DRJ v Commissioner of Victims Rights [2020] NSWCA 136 Fairfax Digital Australia & New Zealand Pty Ltd v Ibrahim (2012) 83 NSWLR 52; [2012] NSWCCA 125 Gypsy Jokers Motorcycle Club Incorporated v Commissioner of Police (2008) 234 CLR 532; [2008] HCA 4 HT v The Queen [2019] HCA 40; (2019) 93 ALJR 1307 Harrison v NSW State Parole Authority [2019] NSWSC 1783 Hogan v Australian Crime Commission (2010) 240 CLR 651; [2010] HCA 21 Lee v New South Wales Crime Commission (2013) 251 CLR 196; [2013] HCA 39 Mawas v State Parole Authority [2021] NSWSC 652 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24; [1986] HCA 40 Ngati v NSW Parole Authority [2007] NSWSC 963 R (on the application of Haralambous) v Crown Court at St Albans [2018] AC 236 Renshaw v New South Wales Lotteries [2020] NSWSC 360 Rinehart v Welker (2011) 93 NSWLR 311; [2011] NSWCA 403 Rozynski v Parole Board of NSW [2003] NSWCCA 214 Samandi v R [2020] NSWCCA 217 State of New South Wales v Russell (Final) [2020] NSWSC 396 United States v Fisher (1805) 6 US 358 Texts Cited: Nil Category: Principal judgment Parties: Ali Samandi (Plaintiff) State Parole Authority (First Defendant) Attorney-General for New South Wales (Second Defendant) Commissioner of Corrective Services (Third Defendant) Representation: Counsel: In person (Plaintiff) Submitting appearance (First Defendant) J Davidson (Second & Third Defendants)