Potier v Director-General, Department of Justice & Attorney General [2011] NSWCA 105

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Potier v Director-General, Department of Justice & Attorney General [2011] NSWCA 105 Hearing dates: In Chambers on the Papers Decision date: 28 April 2011 Before: Handley AJA Decision: Summonses dismissed. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: PRACTICE & PROCEDURE - Felons (Civil Proceedings) Act 1981 - application by prisoner for leave to commence appellate and judicial review proceedings - no prima facie ground for proceedings - leave refused. Legislation Cited: Administrative Decisions Tribunal Act 1997 Felons (Civil Proceedings) Act 1981 Freedom of Information Act 1989 (NSW) Cases Cited: Dugan v Mirror Newspapers Ltd [1978] HCA 54; (1978) 142 CLR 583 Hall v Nominal Defendant [1966] HCA 36; (1966) 117 CLR 423 Killen v Lane [1983] 1 NSWLR 171 Schneidas v Jackson [1982] 2 NSWLR 969 Category: Principal judgment Parties: Applicant - Malcolm Huntley Potier Respondent - Director-General, Department of Justice and Attorney General NSW (Commissioner, Corrective Services NSW) Representation: Solicitors Respondent - John Simon, Executive Director Legal Services NSW File Number(s): 2010/336498; and 2010/336562 Decision under appeal Date of Decision: 2010-02-15 00:00:00 Before: Judge K.P O'Connor, President File Number(s): 099055