Georgiou v The Commissioner of Corrective Services [2016] NSWSC 230

Georgiou v The Commissioner of Corrective Services [2016] NSWSC 230

No leave was required under the Felons (Civil Proceedings) Act 1981 (NSW) for preliminary discovery ancillary to a proposed judicial review based on the reasoning in Patsalis. As Justice Health voluntarily produced the documents, the claims against it were dismissed. The remainder of the summons was adjourned because there may yet be utility in the proceedings if efforts under the Government Information (Public Access) Act are unsuccessful.

Jurisdiction
Australia
Judgment Date
24 February 2016
Procedural Posture
Application for Preliminary Discovery / Preliminary Hearing/procedural Ruling
Outcome
Summons dismissed against the second defendant; remainder adjourned for directions; costs reserved.
Legal Topics
['preliminary Discovery' 'felons (civil Proceedings) Act 1981 (nsw)' 'judicial Review' 'correctional Law']
['procedure'] ['preliminary Discovery' 'felons (civil Proceedings) Act 1981 (nsw)' 'judicial Review' 'correctional Law']

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Procedural Posture

Application for Preliminary Discovery / Preliminary Hearing/procedural Ruling

Legal Issues

  1. 1 ['Whether leave is required under the Felons (Civil Proceedings) Act 1981 (NSW) for preliminary discovery ancillary to a proposed judicial review application' "Appropriate procedural disposition given voluntary production of documents by Justice Health and change in plaintiff's conditions"]

Ratio Decidendi

No leave was required under the Felons (Civil Proceedings) Act 1981 (NSW) for preliminary discovery ancillary to a proposed judicial review based on the reasoning in Patsalis. As Justice Health voluntarily produced the documents, the claims against it were dismissed. The remainder of the summons was adjourned because there may yet be utility in the proceedings if efforts under the Government Information (Public Access) Act are unsuccessful.

Court Disposition

Summons dismissed against the second defendant; remainder adjourned for directions; costs reserved.

Orders

  • ['So far as the summons seeks relief against the second defendant it is dismissed.' 'Stand the balance of the summons over for direction before the Common Law Case Management Registrar at 9am on 23 March 2016.' 'All questions of costs are reserved.']