McKane v Commissioner of Corrective Services of New South Wales (No. 3) [2018] NSWSC 1060

Supreme Court New South Wales

Medium Neutral Citation: McKane v Commissioner of Corrective Services of New South Wales (No. 3) [2018] NSWSC 1060 Hearing dates: 13 April 2018 Date of orders: 13 July 2018 Decision date: 13 July 2018 Jurisdiction: Common Law Before: Davies J Decision: Proceedings dismissed Catchwords: ADMINISTRATIVE LAW – judicial review – reviewable decisions and conduct – applicant in custody – applicant intends to bring proceedings in High Court where filed documents must be typed – decision affecting conditions of applicant's incarceration –refused access to laptop with write and edit functionality in cell – decision not so unreasonable that no repository of the power could have made it - application dismissed

JURISDICTION – Supreme Court – scope of supervisory jurisdiction – decision did not deny applicant access to the High Court – Supreme Court Act 1970 (NSW) ss 23 and 69 – scope of judicial review jurisdiction

CRIME – administration of prisons – New South Wales – ordinary managerial powers exercised by prison authorities are reviewable only for bad faith, improper purpose or legal unreasonableness Legislation Cited: Crimes (Administration of Sentences) Act 1999 (NSW) s 233 Crimes (Administration of Sentences) Regulation 2014 (NSW) regs 7, 8, 9, 45, 47, 48, 124,126, 130, 163, 177 Supreme Court Act 1970 (NSW) ss 23, 69 Uniform Civil Procedure Rules 2005 (NSW) r 7.36 Cases Cited: Arnold v Minister Administering the Water Management Act 2000 [2014] NSWCA 386 Bernard-Ross v State of New South Wales [2018] NSWSC 182 Carroll v Sydney City Council (1989) 15 NSWLR 541 Clark v Commissioner for Corrective Services [2016] NSWCA 186 Coco v The Queen (1994) 179 CLR 427 Commissioner of Corrective Services v Liristis [2018] NSWCA 143 Fares Rural Meat & Livestock Co Pty Ltd v Australian Meat & Livestock Corporation (1990) 96 ALR 153 Fyfe v South Australia [2000] SASC 84 House v The King (1936) 5 CLR 499 Leech v Governor of Parkhurst [1988] AC 533 Liristis v State of New South Wales [2018] NSWSC 39 McEvoy v Lobban [1990] 2 QdR 235; (1998) 48 A Crim R 412 McKane v Commissioner of Corrective Services of New South Wales [2015] NSWSC 737 McKane v Commissioner of Corrective Services New South Wales [2016] NSWSC 1497 McKane v Commissioner of Corrective Services New South Wales [2016] NSWSC 1655 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 Modica v Commissioner for Corrective Services (1994) 77 A Crim R 82 Plaintiff SI0/2011 v Minister for Immigration and Citizenship (2012) 246 CLR 636; [2012] HCA 31 Raymond v Honey [1983] 1 AC 1 Smith v Commissioner for Corrective Services [1978] 1 NSWLR 317 Surinakova v Minister for Immigration, Local Government and Ethnic Affairs (1991) 33 FCR 87 Texts Cited: Aronson & Ors, Judicial Review of Administrative Action and Government Liability (6th edition, Thomson Reuters, 2017) Category: Procedural and other rulings Parties: Jeffrey Alan McKane (Plaintiff) Commissioner of Corrective Services of New South Wales (Defendant) Representation: Counsel: In person (via AVL) (Plaintiff) P Herzfeld (Defendant)