Barac v Mood & 3 Ors [2006] NSWSC 738

Barac v Mood & 3 Ors [2006] NSWSC 738

The decisions to prohibit the plaintiff's entry to correctional centres were made with reference to relevant statutory provisions, prior conduct, and exercised discretion rather than slavish adherence to policy; the challenge grounds failed and the prohibition was lawfully imposed.

Parties
Plaintiff: Mercedes Barac; First Defendant: Barry Mood; Second Defendant: Peter Peters; Third Defendant: Ron C Woodham; Fourth Defendant: The State of New South Wales
Jurisdiction
Australia
Judgment Date
26 July 2006
Procedural Posture
Judicial Review Summons / Final Judgment
Outcome
Summons dismissed with costs
Legal Topics
Prison Visiting Privileges, Judicial Review, Proportionality, Relevant and Irrelevant Considerations, Adherence to Policy
Administrative Law Prison Visiting Privileges Judicial Review Proportionality Relevant and Irrelevant Considerations Adherence to Policy

Case Brief

Summary, issues, holding and outcome

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Parties

Mercedes Barac

Plaintiff

Barry Mood

First Defendant

Peter Peters

Second Defendant

Ron C Woodham

Third Defendant

The State of New South Wales

Fourth Defendant

Procedural Posture

Judicial Review Summons / Final Judgment

Legal Issues

  1. 1 Whether the decision to prohibit the plaintiff from entering correctional centres for 36 months was properly made
  2. 2 Whether penalty was proportionate to the plaintiff's conduct
  3. 3 Whether decision-makers considered extraneous or irrelevant material

Ratio Decidendi

The decisions to prohibit the plaintiff's entry to correctional centres were made with reference to relevant statutory provisions, prior conduct, and exercised discretion rather than slavish adherence to policy; the challenge grounds failed and the prohibition was lawfully imposed.

Court Disposition

Summons dismissed with costs

Orders

  • Plaintiff's summons dismissed with costs