Dinh v Commissioner of Corrective Services & Anor [2000] NSWSC 969

Dinh v Commissioner of Corrective Services & Anor [2000] NSWSC 969

The Commissioner took into account all legally relevant factors, acted within the statutory framework and his discretion, and the decision to designate Mr Dinh as a moderate high security inmate was not so unreasonable that it could be impugned on judicial review.

Parties
Plaintiff/applicant: Duy Thai David Dinh; First Defendant/respondent: Commissioner of Corrective Services; Second Defendant/respondent: Governor of the Metropolitan Remand & Reception Centre
Jurisdiction
Australia
Judgment Date
27 October 2000
Procedural Posture
Summons Seeking Judicial Review/declaration / Judgment After Hearing
Outcome
Summons dismissed with costs.
Legal Topics
Judicial Review, Improper Exercise of Power, Relevant and Irrelevant Considerations, Reasonableness of Administrative Decisions, Prisoner Classification
Administrative Law Prison Law Judicial Review Improper Exercise of Power Relevant and Irrelevant Considerations Reasonableness of Administrative Decisions Prisoner Classification

Case Brief

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Parties

Duy Thai David Dinh

Plaintiff/applicant

Commissioner of Corrective Services

First Defendant/respondent

Governor of the Metropolitan Remand & Reception Centre

Second Defendant/respondent

Procedural Posture

Summons Seeking Judicial Review/declaration / Judgment After Hearing

Legal Issues

  1. 1 Whether the Commissioner's designation of Mr Dinh as a moderate high security inmate was an improper exercise of power
  2. 2 Whether the Commissioner took into account irrelevant or failed to take into account relevant considerations
  3. 3 Whether the decision was so unreasonable that no reasonable decision maker could have made it

Ratio Decidendi

The Commissioner took into account all legally relevant factors, acted within the statutory framework and his discretion, and the decision to designate Mr Dinh as a moderate high security inmate was not so unreasonable that it could be impugned on judicial review.

Court Disposition

Summons dismissed with costs.

Orders

  • The Summons is dismissed.
  • The plaintiff should pay the defendants' costs.