McKane v Commissioner of Corrective Services of New South Wales [2015] NSWSC 737

Supreme Court New South Wales

Medium Neutral Citation: McKane v Commissioner of Corrective Services of New South Wales [2015] NSWSC 737 Hearing dates: 20 March 2015 Decision date: 12 June 2015 Jurisdiction: Common Law Before: Button J Decision: (1) The plaintiff is granted an extension of time to the extent necessary to permit him to argue his summons fully. (2) The summons of 27 February 2014 is dismissed. (3) The plaintiff must pay the costs of the first defendant of these proceedings. Catchwords: ADMINISTRATIVE LAW – summons by prisoner seeking various orders against Commissioner of Corrective Services relating to decisions made by prison staff – access to education in custody – access to laptop and printer in custody Legislation Cited: Crimes (Administration of Sentences) Act 1999 (NSW), Pt 2 Div 6 Crimes (Administration of Sentences) Regulation 2008 (NSW), cl 57(3) Felons (Civil Proceedings) Act 1981 (NSW) Uniform Civil Procedure Rules 2005 (NSW), r 59.10(1) Cases Cited: Browne v Dunn (1893) 6 R 67 Flynn v The King (1949) 79 CLR 1 Kelleher v Commissioner, Department of Corrective Services [1999] NSWSC 86 McEvoy v Lobban [1990] 2 Qd R 235 Minister for Aboriginal Affairs v Peko Wallsend Ltd [1986] HCA 40; 162 CLR 24 Category: Principal judgment Parties: Jeffrey Alan McKane (Plaintiff) Commissioner of Corrective Services of New South Wales (Defendant) Representation: Counsel: P D Herzfeld (Defendant)