Hamzy v Commissioner of Corrective Services [2024] NSWSC 1090

Supreme Court New South Wales

Medium Neutral Citation: Hamzy v Commissioner of Corrective Services [2024] NSWSC 1090 Hearing dates: 9, 13 and 26 August 2024 Date of orders: 28 August 2024 Decision date: 28 August 2024 Jurisdiction: Common Law Before: Harrison CJ at CL Decision: See [53] Catchwords: CIVIL PROCEDURE – court administration – court powers – control of proceedings – where plaintiff is a prisoner in the High Risk Management Correctional Centre at Goulburn – plaintiff previously had access to eight storage tubs in his cell to store legal documents – where plaintiff subsequently restricted to accessing one storage tub in his cell at any given time in compliance with Custodial Operations Policy and Procedures – where plaintiff seeks continuous access to all eight storage tubs in his cell to assist him prepare for legal proceedings – where plaintiff also seeks access to a laptop with word processing capabilities to prepare for legal proceedings – whether the orders are necessary to prevent an abuse of the Court's process or to ensure a fair trial in the substantive proceedings Legislation Cited: Crimes (Administration of Sentences) Act 1999 (NSW), s 271 Supreme Court Act 1970 (NSW), ss 23, 69 Crimes (Administration of Sentences) Regulation 2014 Cases Cited: Brazel v Westin & Anor [2013] VSC 527 Clark v Commissioner for Corrective Services [2016] NSWCA 186 Commissioner of Corrective Services v Liristis (2018) 98 NSWLR 113; [2018] NSWCA 143 Fyfe v State of South Australia [2000] SASC 84 Ghasemi v NSW Department of Corrective Services [2019] NSWSC 207 Hamzy v Commissioner of Corrective Services [2024] NSWSC 264 Hamzy v Commissioner of Corrective Services (2022) 107 NSWLR 544; [2022] NSWCA 16 Jarvie v Magistrates Court (Vic) [1995] 1 VR 84 Kelleher v Commissioner, Department of Corrective Services [1999] NSWSC 86 McKane v Commissioner for Corrective Services of New South Wales (No 3) [2018] NSWSC 1060 Miles v R [2012] NSWCCA 88 Modica v Commissioner for Corrective Services (1994) 77 A Crim R 82 Muir v The Queen [2004] HCA 21; (2008) 78 ALJR 780 Patsalis v The State of New South Wales [2012] NSWSC 267 R v Ngo (2002) 57 NSWLR 55; [2003] NSWCCA 82 R v Rich (No 2) (2008) 184 A Crim R 161; [2008] VSC 141 Ragg v Magistrates Court (Vic) and Another (2008) 179 A Crim R 568; [2008] VSC 1 Rich v Groningen (1997) 95 A Crim R 272 Romolo v R [2016] NSWCCA 240 Category: Procedural rulings Parties: Bassam Hamzy (Plaintiff) Commissioner of Corrective Services (Defendant) Representation: Counsel: J Emmett SC with E Jones (Defendant)