Minister for Corrections NSW v Elomar (No. 2) [2016] NSWSC 1040

Supreme Court New South Wales

Medium Neutral Citation: Minister for Corrections NSW v Elomar (No. 2) [2016] NSWSC 1040 Hearing dates: 29 July 2016 Date of orders: 04 August 2016 Decision date: 04 August 2016 Jurisdiction: Common Law Before: Bellew J Decision: (1) The order made on 21 July 2016 granting a stay of the decision of the Second Defendant to release the First Defendant on parole no later than 22 July 2016 is vacated. (2) The summons is dismissed. (3) The plaintiff is to pay the first defendant's costs of the proceedings, as agreed or assessed. (4) Exhibit A is to be returned forthwith to the Second Defendant. Catchwords: ADMINISTRATIVE LAW – Judicial Review – Asserted errors of law – Where statutory Authority was vested with the responsibility of determining the release of persons on parole – Where first defendant had been sentenced to a term of imprisonment – Where non-parole period had expired – Release on parole recommended – Where Authority determined that first defendant should be released – Asserted errors on the part of the Authority – Ignoring relevant material – Reaching findings of fact which were unsupported by the evidence – Reaching erroneous findings of fact – Necessity to bear in mind that the proceedings were not a merits review – Errors not established – Summons dismissed Legislation Cited: Crimes (Administration of Sentences) Act 1999 (NSW) Cases Cited: Attorney-General of New South Wales v Chiew Seng Liew [2012] NSWSC 1223 Craig v State of South Australia [1995] HCA 58; (1995) 184 CLR 163 Insurance Australia Limited v O'Shannessy [2015] NSWSC 1047; (2015) 72 MVR 1 Minister for Corrections NSW v Ahmad Elomar (No.1) [2016] NSWSC 1020 Category: Principal judgment Parties: Minister for Corrections NSW – Plaintiff Ahmad Elomar – First Defendant State Parole Authority – Second Defendant Commissioner of Corrective Services – Third Defendant Representation: Counsel: Mr L Fernandez – Plaintiff Mr G James QC and Mr E James – First Defendant