Monteiro v Parole Authority of New South Wales [2016] NSWSC 903

Monteiro v Parole Authority of New South Wales [2016] NSWSC 903

The plaintiff was entitled to a gross sum costs order of $23,000 relating to ground 5 only, as he was almost certain to succeed on that ground (the Authority's failure to consider a relevant affidavit) and the defendant promptly conceded on this basis. Both parties otherwise acted reasonably and no order was made as to costs for earlier grounds or costs against the First Defendant.

Jurisdiction
Australia
Judgment Date
01 July 2016
Procedural Posture
Judicial Review / Final Determination on Costs and Remedies Following Settlement
Outcome
Orders made by consent: certiorari, mandamus, gross sum costs as to ground 5, no order as to other costs.
Legal Topics
['parole Review' 'administrative Decision Making' 'costs' 'judicial Review' 'mandamus' 'certiorari']
['administrative Law' 'criminal Law' 'procedure'] ['parole Review' 'administrative Decision Making' 'costs' 'judicial Review' 'mandamus' 'certiorari']

Case Brief

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Procedural Posture

Judicial Review / Final Determination on Costs and Remedies Following Settlement

Legal Issues

  1. 1 ["Whether the Parole Authority failed to have regard to relevant considerations in refusing the plaintiff's parole and review hearing" "Whether the Authority's failure to consider the plaintiff's affidavit amounted to jurisdictional error" 'Entitlement to costs following concession and settlement before hearing']

Ratio Decidendi

The plaintiff was entitled to a gross sum costs order of $23,000 relating to ground 5 only, as he was almost certain to succeed on that ground (the Authority's failure to consider a relevant affidavit) and the defendant promptly conceded on this basis. Both parties otherwise acted reasonably and no order was made as to costs for earlier grounds or costs against the First Defendant.

Court Disposition

Orders made by consent: certiorari, mandamus, gross sum costs as to ground 5, no order as to other costs.

Orders

  • ['Order in the nature of certiorari quashing the decision of the First Defendant on 27 November 2015 not to reconsider its initial decision to refuse parole to the Plaintiff.' 'Order in the nature of mandamus remitting for determination in accordance with law the decision pursuant to s 141 Crimes (Administration of...