Tamer v Parole Authority of NSW [2024] NSWSC 1152

Supreme Court New South Wales

Medium Neutral Citation: Tamer v Parole Authority of NSW [2024] NSWSC 1152 Hearing dates: 10 September 2024 Date of orders: 11 September 2024 Decision date: 11 September 2024 Jurisdiction: Common Law Before: Dhanji J Decision: The plaintiff's amended summons is dismissed. Catchwords: ADMINISTRATIVE LAW – parole – where plaintiff is a prisoner serving the balance of his parole - revocation of parole by Parole Authority – complaint as to effective date of revocation set by Parole Authority – expiry date for the sentence following arrest on warrant issued by Parole Authority – rights of review under the Crimes (Administration of Sentences Act) 1999 (NSW) – relevant law and reasonableness - whether so unreasonable as to amount to jurisdictional error - whether this Court should remit for reconsideration – meaning of "at large" – plaintiff's amended summons dismissed Legislation Cited: Crimes (Administration of Sentences) Act 1999 (NSW) Crimes (Sentencing Procedure) Act 1999 Supreme Court Act 1970 (NSW) Cases Cited: Ahmad v R [2022] NSWCCA 144 Attorney General of New South Wales v Chiew Seng Liew [2012] NSWSC 1223 Buck v Bavone [1976] 135 CLR 110 Djokovic v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2022)] 289 FCR 21; [2022] FCAFC 3 Hala v R [2024] NSWCCA 146 Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1; [2016] FCAFC 11 Minister for Immigration and Border Protection v SZVFW (2018) 264 CLR 541; [2018] HCA 30 Morrison v R [2009] NSWCCA 211; (2009) 197 A Crim R 103 Palizio v NSW Parole Authority [2013] NSWSC 1829 Whan v McConaghy (1984) 153 CLR 631 Category: Principal judgment Parties: Ayman Tamer (Plaintiff) Parole Authority of NSW (First Defendant) Attorney General for NSW (Second Defendant) Representation: Counsel: T F Woods (Plaintiff) C Nguyen (Second Defendant)