Green v Severin [2013] NSWSC 495

Supreme Court New South Wales

Medium Neutral Citation: Green v Severin [2013] NSWSC 495 Hearing dates: 29 April 2013 Decision date: 07 May 2013 Jurisdiction: Common Law Before: Hoeben CJ at CL Decision: Plaintiff's Summons is dismissed pursuant to Rules 13.4(1) and 14.28(1) UCPR. Plaintiff is to pay the defendant's costs of the Motion. Plaintiff is to pay the defendant's costs of the proceedings. Catchwords: PRACTICE AND PROCEDURE - application for Writ of Habeas Corpus by person in custody following trial and sentence - application by defendant to dismiss Summons - application for writ challenges conduct of trial and validity of conviction - application for writ collaterally impeaching order of court - application for writ misconceived - summons dismissed with costs. Legislation Cited: Crimes Act 1900 Crimes (Administration of Sentences) Act 1999 Crimes (Sentencing Procedure) Act 1999 Felons (Civil Proceedings) Act 1981 Cases Cited: General Steel Industries Inc v Commissioner for Railways (NSW) [1964] HCA 69; 112 CLR 125 Governor of Lewes Prison; Ex parte Doyle [1917] 2 KB 254 Potier v General Manager and Governor, MRRC [2007] NSWSC 1031 Prisoners A - XX inclusive v the State of New South Wales (1995) 38 NSWLR 622; 79 A Crim R 377 R v Deputy Governor of Parkhurst Prison; Ex parte Hague [1992] 1 AC 58 Parole Board (NT) v Gamarrow (1993) 70 A Crim R 189 Re Officer in Charge of Cells, ACT Supreme Court Ex parte Eastman [1994] HCA 36; 68 ALJR 668 Category: Principal judgment Parties: Peter James Green - Plaintiff Peter Severin - Defendant Representation: Counsel: Solicitors: File Number(s): 2013/016012