Bernard-Ross v State of NSW [2018] NSWSC 182

Supreme Court New South Wales

Medium Neutral Citation: Bernard-Ross v State of NSW [2018] NSWSC 182 Hearing dates: 22 February 2018 Date of orders: 28 February 2018 Decision date: 28 February 2018 Jurisdiction: Common Law Before: Garling J Decision: (1) Amended Summons filed 13 October 2017 dismissed. (2) Plaintiff to pay the defendant's costs. Catchwords: ADMINISTRATIVE LAW – declaratory relief – applicant in custody – applicant involved in potential litigation – judicial review of decision affecting conditions of applicant's incarceration – access to laptop with write and edit functionality in cell – application dismissed Legislation Cited: Crimes (Administration of Sentences) Act 1999 Crimes (Administration of Sentences) Regulation 2014 Prisons Act 1918 (WA) Prison Regulations 1982 (WA) Cases Cited: Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 Clark v Commissioner for Corrective Services [2016] NSWCA 186 Flynn v The King [1949] HCA 38; (1949) 79 CLR 1 Fyfe v South Australia [2000] SASC 84 Kelleher v Commissioner, Department of Corrective Services [1999] NSWSC 86 McEvoy v Lobban [1990] 2 Qd R 235 McKane v Commissioner of Corrective Services of NSW [2015] NSWSC 737 Minister for Immigration and Citizenship v Li [2013] HCA 18; (2013) 249 CLR 332 Modica v Commissioner of Corrective Services (1994) 77 A Crim R 82 Patsalis v New South Wales [2012] NSWSC 178 Texts Cited: Not Applicable Category: Principal judgment Parties: Warren James Bernard-Ross (P) State of New South Wales (D1) (Submitting) Commissioner for Corrective Services (D2) Representation: Counsel: In person (P) P D Herzfeld (D2) File Number(s): 2016/114858 Publication restriction: Not Applicable