Lawrence v Commissioner of Corrective Services [2024] NSWSC 855

Supreme Court New South Wales

Medium Neutral Citation: Lawrence v Commissioner of Corrective Services [2024] NSWSC 855 Hearing dates: 26 June 2024 Date of orders: 15 July 2024 Decision date: 15 July 2024 Jurisdiction: Common Law Before: Davies J Decision: (1) Pursuant to r 49.19 of the Uniform Civil Procedure Rules 2005 (NSW) I vary the order of the Registrar made 23 March 2024 by setting aside the subpoena issued by the plaintiff on1 December 2023 except as to paragraphs 6 and 9c. (2) The Proper Officer, DCJ Legal, Department of Communities and Justice is to produce documents (if any) referred to in paragraphs 6 and 9c subject to any claim for client legal privilege and public immunity by 22 July 2024. (3) In lieu of the costs order made by the Registrar, the plaintiff is to pay 80% of the defendants' costs of the application before the Registrar. (4) The plaintiff is to pay 80% of the defendants' costs of the present notice of motion. Catchwords: CIVIL PROCEDURE – subpoenas – review of Registrar's decision to set aside – subpoena issued in administrative law proceedings – review of decisions to place plaintiff in protective and segregated custody whilst on remand – legal unreasonableness – where decision-makers provided statements of reasons – where subpoena sought documents relating to the preparation of those reasons – where plaintiff seeks to challenge credit of decision-makers through cross-examination – misapprehension of administrative law proceedings – credibility not in issue – not a merits-based inquiry – except in two instances decisions-makers have appropriately annexed documents they relied on – legitimate forensic purpose in seeking documents referred to but not annexed – remainder of subpoena goes beyond what is needed for proper conduct of proceedings – subpoena set aside except for two paragraphs Legislation Cited: Crimes (Administration of Sentences) Act 1999 (NSW) ss 10, 11, 72A Crimes (Administration of Sentences) Regulation 2014 (NSW) Supreme Court Act 1970 (NSW) ss 23, 69, 75A Uniform Civil Procedure Rules 2005 (NSW) rr 2.1, 33.6, 49.19, 59.7, 59.9 Cases Cited: Lowery v Insurance Australia Ltd (2015) 90 NSWLR 320; [2015] NSWCA 303 Minister for Immigration and Border Protection v SZVFW (2018) 264 CLR 541; [2018] HCA 30 Minister for Immigration v Li (2013) 249 CLR 332; [2013] HCA 18 Noble Earth Technologies Pty Ltd v Hampic Pty Ltd trading as Cyndan Chemicals [2012] NSWSC 935 One Tel (in liq) – SingTel Optus Pty Ltd v Weston [2010] NSWSC 1491 Park Oh Ho and Ors v Minister for Immigration and Ethnic Affairs (1989) 167 CLR 637; [1989] HCA 54 Portal Software v Bodsworth [2005] NSWSC 1115 Secretary of the Department of Planning, Industry and Environment v Blacktown City Council [2021] NSWCA 145 Thomas v SMP (International) (No 2) [2010] NSWSC 870 Tomko v Palasty (No 2) (2007) 71 NSWLR 61; [2007] NSWCA 369 Trade Practices Commission v Arnotts (Limited) No 2 (1989) 103 ALR 90; [1989] FCA 340 Texts Cited: Nil Category: Procedural rulings Parties: Tukiterangi Lawrence (Plaintiff) Commissioner of Corrective Services (First Defendant) Governor of Long Bay Hospital Correctional Centre (Second Defendant) Justice Health and Forensic Mental Health Network (Third Defendant) Representation: Counsel: N Funnell (Plaintiff) H Ryan (Defendants)