Tyron Yates v The Commissioner of Corrective Services, NSW [2014] NSWSC 653

Supreme Court New South Wales

Medium Neutral Citation: Tyron Yates v The Commissioner of Corrective Services, NSW [2014] NSWSC 653 Hearing dates: 26 March 2014 Decision date: 23 May 2014 Jurisdiction: Common Law Before: Rothman J Decision: 1. An order in the nature of writ of habeas corpus pursuant to s 71 of the Supreme Court Act that the Commissioner of Corrective Services, New South Wales, and/or the Governor of Cessnock Correctional Centre, have Tyron Yates before the Court; 2. That the aforesaid Tyron Yates be released from custody pending any other lawful order of the court or another court having jurisdiction to make any order of detention; 3. No order as to costs; 4. Proceedings otherwise dismissed. Catchwords: HABEAS CORPUS - remand pending determination of jurisdiction so to do - breach of bond in court with which bond was entered - warrant to appear in District Court was without jurisdiction - imprisonment unlawful - order issued Legislation Cited: Bail Act 1978 (NSW) Crimes (Appeal and Review) Act 2001 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Cox v Hakes (1890) 15 App Cas 506 Fay v Moia (1963) 372 US 391 Kirk v Industrial Relations Commission of New South Wales [2010] HCA 1; (2010) 239 CLR 531 Public Service Association of South Australia v Industrial Relations Commission (SA) [2012] HCA 25; (2012) 86 ALJR 862 R v Governor of Metropolitan Gaol, Cobury, ex parte Kimball [1937] VLR 279 R v Metal Trades Employers' Association; Ex parte Amalgamated Engineering Union (1951) 82 CLR 209 Secretary of State for Home Affairs v O'Brien [1923] AC 603 Public Service Association v Federated Clerks Union of Australia [1991] HCA 33; (1991) 173 CLR 132 Category: Principal judgment Parties: Tyron Yates (Plaintiff/Prosecutor) Commissioner of Corrective Services (NSW) (Defendant/Respondent) Representation: Counsel: E Ozen (Plaintiff/Prosecutor) B Thomson (Defendant) Solicitors: Aboriginal Legal Service (NSW/ACT) (Plaintiff/Prosecutor) NSW Crown Solicitor's Office (Defendant/Respondent) File Number(s): 2014/00090170 Publication restriction: None