WILSON v DEPARTMENT OF CORRECTIVE SERVICES and ANOR SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL Hunt CJ at CL, SMART and JAMES JJ 30 August 1996, 12 February 1997 [1997] NSWCA 347 CANCELLATION OF PERIODIC DETENTION ORDER — NO PREROGATIVE RELEF Hunt CJ I agree with Smart AJA that the application to this Court for relief in the nature of certiorari and prohibition should be dismissed, and that (in the circumstances) no order should be made as to costs. I agree also with the reasons for the dismissal of the application which Smart AJA has given in his judgment in the related matter in the Court of Criminal Appeal, Wilson v Department of Corrective Services (60650 of 1995). Smart J For the reasons contained in my judgment in the related matter in the Court of Criminal Appeal, Wilson v Department of Corrective Services (60650/95) I am of the opinion that the application for relief in the nature of certiorari and prohibition should be dismissed and that no order for costs should be made because of the unfortunate bifurcation of jurisdiction, the difficulty of an applicant knowing what course to take and the essentially criminal character of the substantive issues raised. James J I agree with the judgment of Smart AJA. Application for relief dismissed and no order for costs made. Counsel for the appellant: TA Game Solicitors for the appellant: TA Murphy Counsel for the respondent: PM Strickland Solicitors for the respondent: IV Knight