SLEIMAN v COMMISSIONER, NSW DEPARTMENT OF CORRECTIVE SERVICES [2008] NSWSC 617

SLEIMAN v COMMISSIONER, NSW DEPARTMENT OF CORRECTIVE SERVICES [2008] NSWSC 617

Based on the evidence, there is no operative segregated custody direction in force with respect to the plaintiff as required under s.10(1) of the Crimes (Administration of Sentences) Act 1999. The factual matters alleged by the plaintiff are established on a prima facie basis and, as the proceedings are not an abuse of process, leave is granted under s.4 of the Felons (Civil Proceedings) Act 1981.

Jurisdiction
Australia
Judgment Date
01 July 2008
Procedural Posture
Application for Leave to Commence Civil Proceedings as Prisoner / Application for Leave Under S.4 Felons (civil Proceedings) Act 1981
Outcome
Leave granted under s.4 of the Felons (Civil Proceedings) Act 1981 to initiate proceedings.
Legal Topics
['prisoners' 'segregated Custody' 'civil Procedure' 'leave to Institute Proceedings' 'declaratory Relief']
['administrative Law'] ['prisoners' 'segregated Custody' 'civil Procedure' 'leave to Institute Proceedings' 'declaratory Relief']

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Procedural Posture

Application for Leave to Commence Civil Proceedings as Prisoner / Application for Leave Under S.4 Felons (civil Proceedings) Act 1981

Legal Issues

  1. 1 ['Whether the plaintiff may be granted leave under s.4 of the Felons (Civil Proceedings) Act 1981 to commence civil proceedings as a prisoner.' "Whether the plaintiff's custody amounts to 'segregated custody' as defined in s.10 of the Crimes (Administration of Sentences) Act 1999." 'Whether the proceedings are an abuse of process and whether there is a prima facie ground for the proceedings.']

Ratio Decidendi

Based on the evidence, there is no operative segregated custody direction in force with respect to the plaintiff as required under s.10(1) of the Crimes (Administration of Sentences) Act 1999. The factual matters alleged by the plaintiff are established on a prima facie basis and, as the proceedings are not an abuse of process, leave is granted under s.4 of the Felons (Civil Proceedings) Act 1981.

Court Disposition

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

Orders

  • ['Leave granted to the plaintiff/applicant under s.4 of the Felons (Civil Proceedings) Act 1981 to initiate the proceedings.']