Monteiro v State of New South Wales [2014] NSWSC 1946

Monteiro v State of New South Wales [2014] NSWSC 1946

Because the General Manager had invited further comment and had not yet made a final determination on Mr Monteiro's application for a special diet, there was no decision presently capable of review in relation to his diet. The appropriate course was to stand the proceedings over pending completion of that decision-making process and to refer Mr Monteiro for pro bono legal assistance.

Jurisdiction
Australia
Judgment Date
19 December 2014
Procedural Posture
Application by a Prisoner for Judicial Review of Decisions Relating to Conditions of Custody / Procedural Ruling on Interlocutory Relief in the Duty List; Proceedings Adjourned and Plaintiff Referred for Pro Bono Legal Assistance
Outcome
Plaintiff referred for pro bono legal assistance and proceedings stood over to 3 February 2015 for argument concerning the diet decision, if practicable.
Legal Topics
['prisoner Diet and Conditions of Custody' 'medical Certificate for Special Diet' 'ongoing Administrative Decision Making Process' 'procedural Fairness' 'pro Bono Referral' 'interlocutory Relief']
['administrative Law' 'judicial Review' 'prison Law' 'civil Procedure'] ['prisoner Diet and Conditions of Custody' 'medical Certificate for Special Diet' 'ongoing Administrative Decision Making Process' 'procedural Fairness' 'pro Bono Referral' 'interlocutory Relief']

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Procedural Posture

Application by a Prisoner for Judicial Review of Decisions Relating to Conditions of Custody / Procedural Ruling on Interlocutory Relief in the Duty List; Proceedings Adjourned and Plaintiff Referred for Pro Bono Legal Assistance

Legal Issues

  1. 1 ['Whether interlocutory relief should be granted requiring provision of a raw salad and vegetable diet to the plaintiff in custody.' "Whether there was a final decision about the plaintiff's diet capable of judicial review." 'Whether the plaintiff should be referred for pro bono legal assistance under r 7.36 of the Uniform Civil Procedure Rules 2005 (NSW).']

Ratio Decidendi

Because the General Manager had invited further comment and had not yet made a final determination on Mr Monteiro's application for a special diet, there was no decision presently capable of review in relation to his diet. The appropriate course was to stand the proceedings over pending completion of that decision-making process and to refer Mr Monteiro for pro bono legal assistance.

Court Disposition

Plaintiff referred for pro bono legal assistance and proceedings stood over to 3 February 2015 for argument concerning the diet decision, if practicable.

Orders

  • ['Pursuant to r 7.36 of the Uniform Civil Procedure Rules 2005 (NSW), Mr Monteiro is referred to the Registrar for referral to a barrister or solicitor on the pro bono panel for legal assistance, namely advice in relation to the proceedings and representation when the proceedings come before the Court on 3 February...