NSW Caselaw
New South Wales Supreme Court
CITATION : Potier v General Manager & Governor, M.R.R.C [2007] NSWSC 1031 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 24 August 2007
JUDGMENT DATE : 30 October 2007
JURISDICTION : Supreme Court
JUDGMENT OF : Rothman J
DECISION : Application dismissed. No order for costs.
CATCHWORDS : HABEAS CORPUS – principles – lawful custody – application to process appeal more easily – application misconceived – not grant, other than in exceptional circumstances, if to do so would be inconsistent with order of a court with jurisdiction to imprison.
LEGISLATION CITED : Bail Act 1978 (NSW) Bill of Rights 1688 1 Will and Mary sess 2 c 2
Cox v Hakes (1890) 15 App.Cas. 506 Ex parte Nichols (1845) Res & Eq J 11 (NSW Supreme Court, Full Court) Fay v Noia 372 US 391 CASES CITED : Hicks v Ruddock (2007) 156 FCR 574 Jones v Dunkel (1959) 101 CLR 298 R v Allen (1868) 2 S.A.L.R. 54 (Full Court) R v Governor of Metropolitan Gaol, Cobury, ex parte Kimball (1937) V.L.R. 279 Secretary of State for Home Affairs v O'Brien [1923] A.C. 603
PARTIES : Applicant: Malcolm Huntley Potier Respondent: The General Manager/Governor, Metropolitan Remand and Reception Centre
FILE NUMBER(S) : SC 13419/2007
COUNSEL : Applicant: Self represented Respondent: -
SOLICITORS : Applicant: Self represented Respondent: -
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
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