Alameddine v State Parole Authority and Attorney-General of NSW [2022] NSWSC 726

Supreme Court New South Wales

Medium Neutral Citation: Alameddine v State Parole Authority and Attorney-General of NSW [2022] NSWSC 726 Hearing dates: 23 May 2022 Date of orders: 14 June 2022 Decision date: 14 June 2022 Jurisdiction: Common Law Before: Bellew J Decision: (1) The proceedings are dismissed. (2) The plaintiff is to pay the costs of the second defendant as agreed or assessed. Catchwords: ADMINISTRATIVE LAW – Judicial review – Review of decision of the State Parole Authority refusing the plaintiff's release on parole – Whether Authority erred in law in its interpretation of the relevant statutory provisions STATUTORY INTERPRETATION – Interpretation of statutory provisions governing the release of terrorism related offenders on parole – Whether the State Parole Authority erred in concluding that the plaintiff was a person who had an association with another person or organisation who has advocated support for any terrorist act or violent extremism – Whether it was necessary for the Authority to be satisfied that the plaintiff shared a common purpose of terrorism or violent extremism with the other person or organisation in order to come to the view that the plaintiff had the relevant association WORDS AND PHRASES – associate – association Legislation Cited: Community Protection Legislation Amendment Act 2018 (NSW) Crimes (Administration of Sentences) Act 1999 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Firearms Act 1996 (NSW) Interpretation Act 1987 (NSW) Supreme Court Act 1970 (NSW) Terrorism (High Risk Offenders) Act 2017 (NSW) Terrorism Legislation Amendment (Police Powers and Parole) Act 2017 (NSW) Cases Cited: Attorney-General of New South Wales v Chiew Seng Liew [2012] NSWSC 1223 Cabell v Markham 148 F 2d 737 Certain Lloyds Underwriters Subscribing to Contract No IH00AAQS v Cross (2012) 248 CLR 378; [2012] HCA 56 Craig v South Australia (1995) 184 CLR 163; [1995] HCA 58 Kirk v Industrial Court of New South Wales (2010) 239 CLR 531; [2010] HCA 1 Lawrence v State of New South Wales (2020) 103 NSWLR 401; [2020] NSWCA 248 Marshall v Watson (1972) 124 CLR 640; [1972] HCA 27 Minister for Corrections NSW v Elomar (No. 2) [2016] NSWSC 1040 MZAPC v Minister for Immigration and Border Protection (2021) 95 ALJR 441; [2021] HCA 17 Osman v State Parole Authority and the Attorney-General of New South Wales [2020] NSWSC 1392 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1990] HCA 28 SAS Trustee Corporation v Miles (2018) 265 CLR 137; [2018] HCA 55 STZAL v Minister for Immigration and Border Protection (2017) 262 CLR 362; [2017] HCA 34 Tal Life Ltd v Shuetrim (2016) 91 NSWLR 439; [2016] NSWCA 68 The Council of the City of Parramatta v Brickworks Ltd (1972) 128 CLR 1; [1972] HCA 21 The Owners of the Ship "Shin Kobe Maru" v Empire Shipping Co Inc (1994) 181 CLR 404; [1994] HCA 54 Thiess v Collector of Customs (2014) 250 CLR 664; [2014] HCA 12 Thompson v Goold & Co [1910] AC 409 Wacal Developments Pty Limited v Realty Developments Pty Limited (1978) 140 CLR 503; [1978] HCA 30 Whiteoak v State Parole Authority and Attorney-General of NSW [2020] NSWSC 185 Category: Principal judgment Parties: Bilal Alameddine – Plaintiff State Parole Authority – First Defendant Attorney-General of NSW – Second Defendant Representation: Counsel: A Chhabra and D Bhutani – Plaintiff Submitting appearance – First Defendant Z Heger – Second Defendant