Potier v The New South Wales State Parole Authority [2015] NSWSC 1775

Supreme Court New South Wales

Medium Neutral Citation: Potier v The New South Wales State Parole Authority [2015] NSWSC 1775 Hearing dates: 24 November 2015 Decision date: 26 November 2015 Jurisdiction: Common Law Before: Hall J Decision: (1) That the Notice of Motion filed on 19 November 2015 be dismissed. (2) Unless written application is made to my Associate within seven days for a different order, order the plaintiff to pay the defendants' costs of the Notice of Motion filed 19 November 2015. Catchwords: CRIMINAL LAW – Procedure – Application for a criminal justice stay warrant under s 151 Migration Act 1958 (Cth) – Whether Court has jurisdiction under s 151 to issue stay warrant on its own motion – Court has no jurisdiction to issue stay warrant without an application made – Plaintiff accepted he has no standing to make application – Whether Court has power to issue stay warrant pursuant to s 23 Supreme Court Act 1970 – Plaintiff has not shown that the exercise of jurisdiction under s 23 is necessary for the administration of justice – Application dismissed Legislation Cited: Migration Act 1958 Supreme Court Act 1970 Cases Cited: Application of Malcolm Potier (No 2) [2015] NSWCCA 249 Application of Malcolm Potier [2015] NSWCCA 199 Goldie v Commonwealth [2002] FCA 261 Lee v Minister for Immigration and Citizenship (2008) 171 FCR 38 Potier v R [2006] NSWCCA 27 Potier v R [2014] NSWCCA 157 R v Potier [2004] NSWCCA 136 Category: Principal judgment Parties: Malcolm Huntley Potier (Plaintiff) New South Wales State Parole Authority (First Defendant) Minister for the Department of Immigration and Border Protection (Second Defendant) The New South Wales Commissioner for the Department of Corrective Services (Third Defendant) Representation: Counsel: In person (Plaintiff) BK Lim (Second Defendant) E Sullivan (First & Third Defendants)