Commissioner of Corrective Services v Hamzy [2024] NSWCA 240

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Commissioner of Corrective Services v Hamzy [2024] NSWCA 240 Hearing dates: 30 September 2024 Date of orders: 10 October 2024 Decision date: 10 October 2024 Before: Bell CJ at [1]; Payne JA at [103]; Stern JA at [104] Decision: 1. Order that, on the undertaking proffered to the Court and forming Annexure A to these reasons, grant leave to appeal. 2. Allow the appeal. 3. Set aside the orders of 6 September 2024 and, in lieu thereof, dismiss the application made by Mr Hamzy. Catchwords: APPEALS – failure to consider evidence – whether the primary judge failed to consider affidavit evidence filed by the Commissioner of Corrective Services as to arrangements made for the Respondent to access word processing and printing facilities – where orders were made by the primary judge requiring the Commissioner to provide the Respondent with a laptop with such facilities – whether there was a real controversy between the parties at the time the primary judge made those orders CIVIL PROCEDURE – court administration – court powers – control of proceedings – scope of the court's powers to make orders to ensure effective access to civil proceedings – whether orders made by the primary judge were necessary to ensure the Respondent's effective access to civil proceedings – where arrangements had been made for the Respondent to access a desktop computer with word processing and printing facilities – where the orders made by the primary judge would affect the operations of a correctional facility Legislation Cited: Charter of Human Rights and Responsibilities Act 2006 (Vic) Civil Procedure Act 2005 (NSW) ss 61 and 62 Crimes (Administration of Sentences) Act 1999 (NSW) ss 72, 75, 77, 79, 232-233, 271 Supreme Court Act 1970 (NSW) s 23 Uniform Civil Procedure Rules 2005 (NSW) r 28.2 Crimes (Administration of Sentences) Regulation 2014 (NSW) cll 12, 17, 45, 122A, 122B, 122J and 122L Cases Cited: B A v Attorney-General (Cth) [2017] VSC 259 Barton v The Queen (1980) 147 CLR 75; [1980] HCA 48 Brazel v Westin [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 Davies v The Queen [2018] VSCA 315 Dietrich v The Queen (1992) 177 CLR 292; [1992] HCA 57 Hamzy v Commissioner of Corrective Services NSW [2024] NSWSC 264 Jago v District Court of New South Wales (1989) 168 CLR 23; [1989] HCA 46 JMR v Department of Juvenile Justice [1999] NSWSC 169 Knight v Wise [2014] VSC 76 McGuirk v University of New South Wales [2010] NSWCA 104 Middleton v Commissioner for Corrective Services (NSW) [2004] NSWSC 136; (2003) 143 A Crim R 364 Miles v R [2012] NSWCCA 88 Patsalis v The State of New South Wales [2012] NSWSC 267 R (Daly) v Secretary of State for the Home Department [2001] 2 AC 532 R v Rich (No 2) [2008] VSC 141; (2008) 184 A Crim R 161 R v Secretary of State for the Home Department, Ex parte Anderson [1984] QB 778 Ragg v Magistrates' Court (Vic) (2008) 18 VR 300; [2008] VSC 1 Raymond v Honey [1983] 1 AC 1 Rich v Groningen (1997) 95 A Crim R 272 Rich v Magistrates' Court of Victoria [2007] VSC 65 Smith v Commissioner of Corrective Services [1978] 1 NSWLR 317 Category: Principal judgment Parties: Commissioner of Corrective Services (Applicant) Bassam Hamzy (Respondent) Representation: Counsel: