Patsalis v The State of New South Wales [2011] NSWSC 1583

Supreme Court New South Wales

Medium Neutral Citation: Patsalis v The State of New South Wales [2011] NSWSC 1583 Hearing dates: 14 December 2011 Decision date: 19 December 2011 Jurisdiction: Common Law Before: Schmidt J Decision: For the reasons given, I order that Mr Patsalis be given access to his legal documents which relate to his civil proceedings in his cell. Catchwords: PROCEDURE - notice of motion - mandatory injunction - access to legal documents - expedition - injunction refused - access to certain legal documents and expedition granted Legislation Cited: Crimes (Appeal and Review) Act 2001 Crimes (Administration of Sentences) Act 1999 Felons (Civil Proceedings) Act 1981 Cases Cited: Modica v Commissioner for Corrective Services (1994) 77 A Crim R 82 Patsalis v State of New South Wales (Supreme Court of New South Wales, Schmidt J, 26 July 2011, unreported) Patsalis v State of New South Wales [2011] NSWCA 364 Category: Procedural and other rulings Parties: Michael Patsalis (Plaintiff) The State of New South Wales (Defendant) Representation: Counsel: Mr JJ Hutton (Defendant) Solicitors: Mr Patsalis (unrepresented) IV Knight, Crown Solicitor (Defendant) File Number(s): 2011/151237 Publication restriction: None

Judgment 1By a judgment given on 26 July 2011, Mr Patsalis was granted leave to commence these proceedings under s 4 of the Felons (Civil Proceedings) Act 1981, except as to one aspect. Leave to commence the proceedings in relation to the access Mr Patsalis sought to certain legal documents, was refused (see Patsalis v State of New South Wales (Supreme Court of New South Wales, Schmidt J, 26 July 2011, unreported)) . Mr Patsalis has been granted leave to appeal that aspect of the decision (see Patsalis v State of New South Wales [2011] NSWCA 364). 2By a notice of motion filed on 27 October 2011, Mr Patsalis sought three interlocutory orders: "1. Court order in the nature of mandatory injunction preventing the staff at Junee Correctional Centre or any other correctional staff or the Commissioner of Corrective Services or the Serious Offenders Review Council from moving the plaintiff from Junee Correctional Centre to any other centre except to Dawn De Laos Correctional Centre until such time as the Honourable Court hears and determines the Court order numbered one in his Summons (case number, 2011/151237); which can be summarised as follows; for the Honourable court to compel the State of New South Wales or the Commissioner of Corrective Services to "house the plaintiff in the same pod or wing which houses inmates who are ex-police officers; ex-prison officers; ex-lawyers and the like at Dawn De Laos Correctional Centre" (which also includes the protection part of Dawn De Laos Correctional Centre which may not house ex-police officers; ex-prison officers; ex-lawyers and the like); and to always have him in a one out cell. (please refer to the supporting evidence namely the plaintiff's affidavit and brief submissions). 2. Court order in the nature of mandamus to compel and command the Commissioner of Corrective Services and Junee Correctional Centre to allow the plaintiff to have the same access to his legal documents in the segregation cell as he did whilst being housed in the pod; or at any other correctional centre which houses him from time to time. The legal documents being referred to here are in relation to these current civil proceedings and to his current criminal case; Smith v Commissioner of Correctives Services (1978) 1 NSWLR 317 at 320 - 322 (Please refer to the supporting evidence namely the plaintiff's affidavit and brief submissions). 3. Court order for an expedited hearing in relation to the first Court order which the plaintiff has sought in his Summons (as referred to in Court order number one above; Please refer to the supporting evidence namely the plaintiff's affidavit and brief submissions)."