McDonald v State Parole Authority of New South Wales [2023] NSWSC 1072

Supreme Court New South Wales

Medium Neutral Citation: McDonald v State Parole Authority of New South Wales [2023] NSWSC 1072 Hearing dates: 28 August 2023 Date of orders: 06 September 2023 Decision date: 06 September 2023 Jurisdiction: Common Law - Administrative Law Before: Sweeney J Decision: 1. Summons dismissed. 2. No order as to costs. Catchwords: ADMINISTRATIVE LAW — Judicial review of administrative decisions — State Parole Authority — Jurisdictional error — Error of law — Failure to exercise jurisdiction — No error established Legislation Cited: Crimes (Administration of Sentences) Act 1999 (NSW) Crimes (Administration of Sentences) Regulation 2014 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Al Qatani v Parole Authority of New South Wales [2007] NSWSC 1270 Attorney General of New South Wales v George [2020] NSWSC 1621 Attorney General for New South Wales v New South Wales State Parole Authority & Anor [2006] NSWSC 865 Minister for Corrections v Cawthray and the State Parole Authority [2015] NSWSC 1188 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6 MZAPC V Minister for Immigration and Border Protection (2021) 273 CLR 506 Tickner v Chapman (1995) 57 FCR 451 Texts Cited: Nil Category: Principal judgment Parties: Tariq McDonald (Plaintiff) State Parole Authority of New South Wales (First Defendant) (submitting appearance) Attorney General of New South Wales (Second Defendant) Representation: Counsel: J Davidson with E Sullivan (Plaintiff) D Reynolds (Second Defendant)