Hamzy v Commissioner of Corrective Services [2007] NSWSC 1469

Hamzy v Commissioner of Corrective Services [2007] NSWSC 1469

Leave is granted as the proceedings are not an abuse of process and there exist prima facie grounds for the proceedings, based on the absence of evidence of a segregated custody order, and allegations of denial of natural justice.

Jurisdiction
Australia
Judgment Date
11 December 2007
Procedural Posture
Application for Leave to Institute Proceedings / Leave Application Determination
Outcome
Leave granted to applicant under s 4 of the Felons (Civil Proceedings) Act 1981 to institute proceedings.
Legal Topics
['segregated Custody' 'natural Justice' 'abuse of Process' 'leave to Institute Proceedings']
['prison Law' 'administrative Law'] ['segregated Custody' 'natural Justice' 'abuse of Process' 'leave to Institute Proceedings']

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Procedural Posture

Application for Leave to Institute Proceedings / Leave Application Determination

Legal Issues

  1. 1 ['Whether leave should be granted under s 4 of the Felons (Civil Proceedings) Act 1981 to institute proceedings' 'Whether there exist prima facie grounds for the proceedings' 'Whether the proceedings are an abuse of process']

Ratio Decidendi

Leave is granted as the proceedings are not an abuse of process and there exist prima facie grounds for the proceedings, based on the absence of evidence of a segregated custody order, and allegations of denial of natural justice.

Court Disposition

Leave granted to applicant under s 4 of the Felons (Civil Proceedings) Act 1981 to institute proceedings.

Orders

  • ['Grant leave to the applicant under s 4 of the Felons (Civil Proceedings) Act 1981 to institute and maintain proceedings']