Clark v The State of New South Wales [2015] NSWSC 246

Supreme Court New South Wales

Medium Neutral Citation: Clark v The State of New South Wales [2015] NSWSC 246 Hearing dates: 13 February 2015 Date of orders: 20 March 2015 Decision date: 20 March 2015 Before: Hamill J Decision: The summons is dismissed. No order as to costs. Catchwords: ADMINISTRATIVE LAW – judicial review – prisoner seeks review of decision made by governor of gaol – diligent litigant – natural justice – content determined by statute – whether plaintiff provided with copy of disciplinary charge – whether plaintiff denied opportunity to cross-examine – allegations of malice and improper purpose – where allegations not directed to decision maker – interference with administration of correctional institution Legislation Cited: Crimes (Administration of Sentences) Act 1999 (NSW) Crimes (Administration of Sentences) Regulation 2008 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Attorney General (NSW) v Quin [1990] HCA 21; 170 CLR 1 at 37 Clark v Robards (Supreme Court (NSW), Hidden J, 19 October 2007, unrep); Clark v Robards and ors (Supreme Court (NSW), Harrison J, 26 November 2009, unrep) Clark v State of New South Wales & Ors [2014] NSWSC 801 Clark v State of New South Wales (Supreme Court (NSW), Latham J, 30 August 2010, unrep) Clark v State of New South Wales; Clark v Robards & Ors [2014] NSWSC 742 Clark v State of NSW [2012] NSWCA 139 Eastman v DPP (ACT) [2003] HCA 28; 214 CLR 318 Fox v Percy [2003] HCA 22; 214 CLR 118 Kelleher v Commissioner, Department of Corrective Services [1999] NSWSC 86 Minister for Immigration & Ethnic Affairs v Wu Shan Liang [1996] HCA 6; 1996 185 CLR 259 Nguyen v R [2008] NSWCCA 322 Raymond v Honey (1982) 1 All ER 756 RCB v The Honourable Justice Forrest [2012] HCA 47 Category: Principal judgment Parties: Peter Frederick Clark (Plaintiff) State of New South Wales (First Defendant) Attorney General of New South Wales (Second Defendant) Commissioner of Corrective Services (Third Defendant) Department of Corrective Services (Fourth Defendant) The GEO Group Australia Pty Ltd (Parklea Correctional Centre (Fifth Defendant) Representation: Counsel: Plaintiff – In person Third Defendant – A N Williams