Hamzy v Commissioner of Corrective Services [2024] NSWSC 1090

Hamzy v Commissioner of Corrective Services [2024] NSWSC 1090

Mr Hamzy's access to the Court is denied unless he is provided with a laptop with word processing capability. The common law right to access the courts requires provision of technology necessary for effective preparation, given the complexity and volume of his litigation and modern standards. The Court should intervene where action or inaction by prison authorities precludes effective access, even in the face of legitimate security concerns, provided safeguards are in place. Failure to provide word-processing capability amounts to denying access, justifying Court intervention.

Parties
Plaintiff: Bassam Hamzy; Defendant: Commissioner of Corrective Services
Jurisdiction
Australia
Judgment Date
28 August 2024
Procedural Posture
Civil / Interlocutory Application Before Hearing of Separate Questions
Outcome
Court to make order permitting Mr Hamzy to provide a laptop with word processing capability, subject to vetting by the Commissioner; parties to provide agreed or competing versions of a minute of order within seven days.
Legal Topics
Court Powers, Prisoner Civil Rights, Access to Legal Materials, Access to Technology, Equality of Arms
Civil Procedure Prison Law Court Powers Prisoner Civil Rights Access to Legal Materials Access to Technology Equality of Arms

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Parties

Bassam Hamzy

Plaintiff

Commissioner of Corrective Services

Defendant

Procedural Posture

Civil / Interlocutory Application Before Hearing of Separate Questions

Legal Issues

  1. 1 Whether orders permitting the plaintiff access to all legal tubs in his cell and provision of a laptop with word processing capability are necessary to prevent abuse of court process or ensure a fair trial
  2. 2 Extent of the Court's power to make orders affecting prison conditions for litigants

Ratio Decidendi

Mr Hamzy's access to the Court is denied unless he is provided with a laptop with word processing capability. The common law right to access the courts requires provision of technology necessary for effective preparation, given the complexity and volume of his litigation and modern standards. The Court should intervene where action or inaction by prison authorities precludes effective access, even in the face of legitimate security concerns, provided safeguards are in place. Failure to provide word-processing capability amounts to denying access, justifying Court intervention.

Court Disposition

Court to make order permitting Mr Hamzy to provide a laptop with word processing capability, subject to vetting by the Commissioner; parties to provide agreed or competing versions of a minute of order within seven days.

Orders

  • Plaintiff permitted to provide a laptop with word processing capability for use in preparing litigation, subject to security vetting by Commissioner.
  • Parties to submit agreed or competing minutes of order for practical implementation within seven days.