Monteiro v State of New South Wales [2014] NSWSC 1946

Supreme Court New South Wales

Medium Neutral Citation: Monteiro v State of New South Wales [2014] NSWSC 1946 Hearing dates: 19 December 2014 Date of orders: 19 December 2014 Decision date: 19 December 2014 Jurisdiction: Common Law Before: McCallum J Decision: Pursuant to r 7.36 of the Uniform Civil Procedure Rules 2005 (NSW), plaintiff referred to the Registrar for referral to a barrister or solicitor on the pro bono panel for legal assistance; proceedings stood over to 3 February 2015 for argument in respect of the decision to be made in respect of Mr Monteiro's diet, if practicable Catchwords: JUDICIAL REVIEW – application by prisoner for review of decisions relating to conditions of his incarceration – refusal to give prisoner diet of salad and raw vegetables notwithstanding medical certificate – further decisions made after proceedings commenced overriding medical certificate and relying on new medical certificate from a different doctor – decision-making process not yet at an end – need to adjourn proceedings to abide conclusion of further decision-making process Legislation Cited: Crimes (Sentence Administration) Act 2005 (ACT), s 233 Uniform Civil Procedure Rules 2005 (NSW), r 7.36 Category: Procedural and other rulings Parties: Simon Monteiro (Plaintiff) State of New South Wales (First Defendant) Attorney General of NSW (Second Defendant) Commissioner of Corrective Services NSW (Third Defendant) Corrective Services NSW (Fourth Defendant) GEO Group Australia Pty Ltd (Fifth Defendant) Justice Health (Sixth Defendant) Legal Aid Commission (Seventh Defendant) Law Access New South Wales (Eighth Defendant) Representation: Counsel: Plaintiff (Self-represented) P Herzfeld (Defendants)