McKenzie v Attorney General for New South Wales [2024] NSWCA 152

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: McKenzie v Attorney General for New South Wales [2024] NSWCA 152 Hearing dates: 18 June 2024 Date of orders: 18 June 2024 Decision date: 18 June 2024 Before: Ward P; Basten AJA Decision: (1) Extend time for the filing of the summons seeking leave to appeal to 26 March 2024. (2) Refuse leave to appeal. (3) Order that the applicant pay the first respondent's costs in this Court. Catchwords: APPEAL AND REVIEW – leave to appeal – proposed appeal from judgment dismissing judicial review proceedings – review of order by State Parole Authority revoking parole –– whether Authority satisfied of breach of parole condition – application of Crimes (Administration of Sentences) Act 1999 (NSW), s 170(1)(a) – whether order legally unreasonable Legislation Cited: Crimes (Administration of Sentences) Act 1999 (NSW), ss 2A, 169, 170 Uniform Civil Procedure Rules 2005 (NSW), r 59.10 Cases Cited: Avon Downs Pty Ltd v Federal Commissioner of Taxation (1949) 78 CLR 353; [1949] HCA 26 Buck v Bavone (1976) 135 CLR 110; [1976] HCA 24 Minister for Immigration and Border Protection v SZVFW (2018) 264 CLR 541; [2018] HCA 30 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 Secretary, Department of Family and Community Services v Smith (2017) 95 NSWLR 597; [2017] NSWCA 206 Texts Cited: M Aronson, M Groves and G Weeks, Judicial Review of Administrative Action and Government Liability (7th ed, 2022, Lawbook Co) [6.30] Category: Principal judgment Parties: Allan James McKenzie (Applicant) Attorney General for New South Wales (First Respondent) State Parole Authority of New South Wales (Second Respondent) Representation: Counsel: P A Tierney (Applicant) J E Davidson (First Respondent) Solicitors: APJ Lawyers (Applicant) Crown Solicitor's Office (First Respondent) File Number(s): 2024/00021416 Publication restriction: N/A Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Common Law Citation: [2023] NSWSC 1639 Date of Decision: 21 December 2023 Before: Campbell J File Number(s): 2022/280944