Monteiro v State of New South Wales (No 4) [2016] NSWSC 1626

Supreme Court New South Wales

Medium Neutral Citation: Monteiro v State of New South Wales (No 4) [2016] NSWSC 1626 Hearing dates: 28 October 2016 Date of orders: 18 November 2016 Decision date: 18 November 2016 Jurisdiction: Common Law Before: Schmidt J Decision: Mr Monteiro's amended May 2016 motion be struck out and that he bear the Commissioner's costs of the motions, as agreed or assessed. Catchwords: JUDICIAL REVIEW – notice of motion – orders seeking judicial review of conditions of imprisonment – application for expedition not granted – application for pro bono legal referral granted – notice of motion seeking summons to be struck out for want of due dispatch – amended summons struck out – costs Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Monteiro v R [2014] NSWCCA 277 Monteiro v Parole Authority of New South Wales [2016] NSWSC 903 Monteiro v State of New South Wales [2014] NSWSC 1946 Monteiro v State of New South Wales (No 2) [2015] NSWSC 1901 Monteiro v State of New South Wales (No 3) [2016] NSWSC 1517 Category: Procedural and other rulings Parties: Simon Monteiro (Plaintiff) State of New South Wales (First Defendant) Attorney General of NSW (Second Defendant) Commissioner of Corrective Services NSW (Third Defendant) Corrective Services NSW (Fourth Defendant) GEO Group Australia Pty Ltd (Fifth Defendant) Justice Health (Sixth Defendant) Legal Aid Commission (Seventh Defendant) Law Access New South Wales (Eighth Defendant) Representation: Counsel: Mr B Kaplan (Third Defendant)