Georgiou v Commissioner for Corrective Services NSW [2016] NSWSC 1337

Supreme Court New South Wales

Medium Neutral Citation: Georgiou v Commissioner for Corrective Services NSW [2016] NSWSC 1337 Hearing dates: 13 September 2016 Date of orders: 23 September 2016 Decision date: 23 September 2016 Jurisdiction: Common Law Before: Davies J Decision: (1) Pursuant to rule 5.3 of the Uniform Civil Procedure Rules the Defendant is to give discovery to the Plaintiff of the following documents:

a. Any document authorising the Plaintiff's detention in a dry cell or under special administrative arrangements on or about 10 February 2016 and thereafter;

b. Any document recording the reasons for detaining the Plaintiff in a dry cell or under special administrative arrangements from about 10 February 2016;

c. Any document relied upon in deciding to detain the Plaintiff in a dry cell or under special administrative arrangements on or about 10 February 2016 and thereafter; and

d. A copy of the:

i. Corrective Services NSW Operations Manual, including but not limited to, section 12.20 entitled 'Dry Cells'; or,

ii. If applicable, the Corrective Services NSW Operations Manual in operation as at 10 February 2016 until present, or equivalent, with the operative provisions relating to the Plaintiff's detention in a dry cell or under special administrative arrangements. Catchwords: DISCOVERY AND INTERROGATORIES – preliminary discovery – nature of the test – prisoner placed in dry cell – whether held in dry cell in accordance with proper procedures – prior request for documents providing basis for holding prisoner in dry cell – refusal to supply updated manual of procedures – whether prisoner would have any legal redress – prisoner's right to judicial review and/or damages – residual liberty – whether damages for breach – preliminary discovery ordered Legislation Cited: Civil Procedure Act 2005 (NSW). Crimes (Administration of Sentences) Regulation 2014 (NSW) Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Clark v Commissioner of Corrective Services [2016] NSWCA 186 Monteiro v State of New South Wales (No 2) [2015] NSWSC 1901 Morton v Nylex Ltd [2007] NSWSC 562 Panasonic Australia Pty Ltd v Ngage Pty Ltd [2006] NSWSC 399; (2006) 69 IPR 595 Papaconstuntinos v Holmes a Court [2006] NSWSC 945 Patsalis v State of NSW (2012) 81 NSWLR 742; [2012] NSWCA 307 Paxus Services Ltd v People Bank Pty Ltd (1990) 99 ALR 728 Sleiman v Commissioner of Corrective Services; Hamzy v Commissioner of Corrective Services [2009] NSWSC 304 SU v Commonwealth of Australia; BS v Commonwealth of Australia [2016] NSWSC 8; (2016) 307 FLR 357 Category: Procedural and other rulings Parties: Konstantinos Georgiou (Plaintiff) Commissioner for Corrective Services NSW (Defendant) Representation: Counsel: M Neil QC & P Lange (Plaintiff) B Thomson (Defendant) Solicitors: Birchgrove Legal (Plaintiff) Crown Solicitors Office (Defendant) File Number(s): 2016/58415