Lim v State Parole Authority and the Attorney General for New South Wales [2010] NSWSC 93

Reported Decision : 76 NSWLR 452

New South Wales Supreme Court

CITATION : Lim v State Parole Authority and the Attorney General for New South Wales [2010] NSWSC 93 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 15-16 February 2010 JURISDICTION : Civil

JUDGMENT OF : McClellan CJatCL

EX TEMPORE JUDGMENT DATE : 16 February 2010

1. I make orders 1 and 2 in the plaintiff's summons. Those orders are: (a) That the decision of the first defendant of 20 November 2009 to refuse the plaintiff parole be quashed. DECISION : (b) That the decision of the first defendant of 27 October 2009 to vacate its order of 1 October 2009 granting the plaintiff parole be quashed. 2. I stay the operation of those orders until 15 March 2010 or until further order of the court. 3. I dismiss the Attorney-General's cross-summons. 4. I provide liberty to the parties to apply.

CATCHWORDS : ADMINISTRATIVE LAW - judicial review - reviewable decisions and conduct - State Parole Authority power to vacate final order for parole - ADMINISTRATIVE LAW - judicial review - reviewable decisions and conduct - ADMINISTRATIVE LAW - discretion to stay order quashing setting aside order vacating parole

LEGISLATION CITED : Crimes (Administration of Sentences) Act 1999

CATEGORY : Principal judgment

CASES CITED : Minister for Immigration and Multicultural Affairs v Bhardwaj [2002] HCA 11; (2002) 209 CLR 597

Choon Lee Lim (Plaintiff) PARTIES : State Parole Authority (1D) Attorney General for NSW (2D)