Monteiro v Parole Authority of New South Wales [2016] NSWSC 903

Supreme Court New South Wales

Medium Neutral Citation: Monteiro v Parole Authority of New South Wales [2016] NSWSC 903 Hearing dates: 28 June 2016 Date of orders: 01 July 2016 Decision date: 01 July 2016 Jurisdiction: Common Law Before: Davies J Decision: (1) An order in the nature of certiorari quashing the decision of the First Defendant on 27 November 2015 not to reconsider its initial decision to refuse parole to the Plaintiff. (2) An order in the nature of mandamus remitting for determination in accordance with law the decision pursuant to s 141 Crimes (Administration of Sentences) Act 1999 (NSW) as soon as reasonably practicable. (3) The Second Defendant is to pay the Plaintiff's costs in the sum of $23,000. (4) No order as to the costs of the First Defendant. Catchwords: PROCEDURE – costs – settled proceedings -administrative review – decision of Parole Authority to refuse parole -– proceedings settled shortly prior to hearing date – late amendment to grounds of appeal – defendant concedes relief by reason of new ground of appeal – relief as claimed ordered by consent – claim by plaintiff for costs – whether plaintiff entitled to costs since amendment – whether plaintiff entitled to costs preceding amendment – lump sum costs order – proportionality – time and cost in assessment – lump sum ordered relating to amended ground Legislation Cited: Civil Procedure Act 2005 (NSW) Crimes (Administration of Sentences) Act 1999 (NSW) Supreme Court Rules 1970 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW) Cases Cited: Australasian Performing Rights Association Ltd v Marlin [1999] FCA 1006 Beach Petroleum NL v Johnson (No 2) (1995) 57 FCR 119 Bobb v Wombat Securities Pty Ltd & Ors (No 2) [2013] NSWSC 863 Casella v Director of Public Prosecutions (NSW) [2016] NSWSC 204 Hamod v State of New South Wales and Anor [2011] NSWCA 375 Harrison & Anor v Schipp [2002] NSWCA 213; (2002) 54 NSWLR 738 Monteiro v R [2014] NSWCCA 277 Re Minister for Immigration & Ethnic Affairs (Cth); Ex Parte Lai Qin (1997) 186 CLR 622 Simone Starr-Diamond v Talus Diamond (No. 4) [2013] NSWSC 811 Category: Costs Parties: Simon Monteiro (Plaintiff) Parole Authority of NSW (First Defendant) Attorney-General of NSW (Second Defendant) Representation: Counsel: H Dhanji SC (Plaintiff) Submitting Appearance (First Defendant) D Hume (Second Defendant)