K v Commissioner for Corrective Services [2017] NSWSC 311

Supreme Court New South Wales

Medium Neutral Citation: K v Commissioner for Corrective Services [2017] NSWSC 311 Hearing dates: 10 March 2017 Decision date: 30 March 2017 Jurisdiction: Common Law Before: Latham J Decision: Further Amended Summons Dismissed Catchwords: ADMINISTRATIVE LAW – judicial review – where decision of State Parole Authority – where decision of Commissioner for Corrective Services – where certiorari sought – whether the Commissioner for Corrective Services acted in bad faith and for an improper purpose – whether a failure to consider relevant considerations – whether consideration of irrelevant considerations – whether failure to provide reasons – whether an incorrect test was applied – whether there was insufficient evidence to support the outcome – further amended summons dismissed Legislation Cited: Crimes (Administration of Sentences) Act 1999 (NSW) Pts 2, 6, Subdiv 3, Div 2 ss 3, 135, 135A, 143A, 144, 146, 148, 149, 152, 193C, 197, 198 Crimes (Administration of Sentences) Regulations 2014 (NSW) cll 12, 17 Cases Cited: Al Qatrani v Parole Authority of NSW [2007] NSWSC 1270 Allianz Australia Insurance Ltd v Cervantes (2012) 61 MVR 443; [2012] NSWSC 224 Attorney General (NSW) v Chiew Seng Liew [2012] NSWSC 1223 Attorney General for NSW v State Parole Authority and Hall [2006] NSWSC 865 Clark v Commissioner for Corrective Services [2016] NSWCA 186 Georgiou v Commissioner for Corrective Services [2016] NSWSC 1337 Hot Holdings Pty Ltd v Creasy (1996) 185 CLR 149 Insurance Australia Ltd v O'Shannessy (2015) 72 MVR 1; [2015] NSWSC 1047 Kelleher v Commissioner, Department of Corrective Services [1999] NSWSC 86 L & B Linings Pty Ltd v WorkCover Authority of New South Wales [2012] NSWCA 15 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Corrections v Cawthray and the State Parole Authority [2015] NSWSC 1188 Minister for Immigration and Citizenship v SZGUR (2011) 241 CLR 594; 2011 HCA 1 Minister for Immigration and Citizenship v SZJSS (2010 243 CLR 164; [2010] HCA 48 Murray v State Parole Authority [2008] NSWSC 962 Sean Investments Pty Ltd v MacKellar (1981) 38 ALR 363; [1981] FCA 191 Category: Principal judgment Parties: K (Plaintiff) Commissioner of Corrective Services (NSW) (First Defendant) State Parole Authority (NSW) (Second Defendant) Attorney-General of NSW (Third Defendant) Representation: Counsel: J Davidson (First and Third Defendant)