Patsalis v State of New South Wales [2012] NSWCA 307

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Patsalis v State of New South Wales [2012] NSWCA 307 Hearing dates: 25 June 2012 Decision date: 25 September 2012 Before: Allsop P at [1]; Basten JA at [8]; Sackville AJA at [111] Decision: (A) With respect to the application for leave to appeal from the judgment of Schmidt J delivered on 26 July 2011- (1) Grant leave to appeal and deem the draft notice of appeal in the white book to have been filed as the notice of appeal. (2) Allow the appeal and set aside the order made by Schmidt J. (3) In place thereof, declare that the applicant, although a person convicted of a serious indictable offence, does not require leave pursuant to the Felons (Civil Proceedings) Act 1981, s 4, to commence the proceedings in which he seeks relief pursuant to s 69 of the Supreme Court Act 1970, or a declaration or injunction as an alternative to relief under s 69, with respect to the terms and conditions of his imprisonment. (4) Order that the respondent pay the applicant's costs of the proceeding in this Court, other than the costs associated with the constitutional issue. (B) With respect to the application for leave to appeal from the judgment of Schmidt J delivered on 7 March 2012, refusing interlocutory relief - Dismiss the application with no order as to costs. (C) With respect to the application for leave to appeal from the judgment of Beech-Jones J delivered on 23 March 2012 - (1) Grant leave to appeal and deem the draft notice of appeal in the white book to have been filed as the notice of appeal. (2) Dismiss the appeal. (3) Order that the applicant pay 75% of the respondent's costs of the application and appeal. (D) In respect of the judgment of Beech-Jones J delivered on 13 April 2012 - (1) On the basis that leave to appeal was not required, dismiss the appeal. (2) Dismiss the application for leave to appeal. (3) Order that the applicant pay the respondent's costs in this Court. [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: ADMINISTRATIVE LAW - judicial review - challenge to validity of departmental guidelines - whether challenge only available in respect of a particular decision or exercise of statutory power