Mawas v Commissioner of Corrective Services New South Wales [2020] NSWSC 319

Supreme Court New South Wales

Medium Neutral Citation: Mawas v Commissioner of Corrective Services New South Wales [2020] NSWSC 319 Hearing dates: 12 April 2019 Date of orders: 30 March 2020 Decision date: 30 March 2020 Jurisdiction: Common Law Before: Walton J Decision: (1) The further amended summons is dismissed.

(2) Costs are reserved.

(3) In the event of an agreement being reached as to an order for costs, the parties have liberty to file short minutes of order reflecting the same within 7 days of the publication of this judgment. The orders shall be dealt with administratively in Chambers.

(4) In the event of a dispute as to costs, the parties should submit a program for the resolution of issues as to costs within 7 days of the publication of this judgment. Catchwords: ADMINISTRATIVE LAW – judicial review – s 69 of the Supreme Court Act 1970 – no leave required to institute – leave to bring proceedings out of time – inflexible application of policy – pre-release leave – exceptional circumstances – reasons for decision – further amended summons dismissed – costs reserved Legislation Cited: Crimes Act 1900 (NSW) Crimes (Administration and Sentences) Regulation 2014 (NSW) Crimes (Administration of Sentences) Act 1999 (NSW) Felons (Civil Proceedings) Act 1981 (NSW) Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Attorney-General (NSW) v Quin (1990) 170 CLR 1 Boatswain v State Parole Authority [2014] NSWSC 501 Minister for Immigration and Citizenship v SZJSS (2010) 243 CLR 184 Patsalis v State of New South Wales (2012) 81 NSWLR 742; [2012] NSWCA 307 R v NK [2016] NSWSC 498 Swift v SAS Trustee Corporation [2010] NSWCA 182 Category: Principal judgment Parties: Rabeeh Mawas (Plaintiff) Commissioner of Corrective Services New South Wales (First Defendant) Serious Offenders Review Council (Second Defendant) New South Wales Parole Authority (Third Defendant) Attorney General of New South Wales (Fourth Defendant) Representation: Counsel: I Todd (Plaintiff) S Palaniappan (First and Fourth Defendants)