Hunter v Minister for Corrections [2015] NSWSC 1930

Hunter v Minister for Corrections [2015] NSWSC 1930

Hunter's proceeding was dismissed because he no longer has standing, being on parole and not subject to the regulation; no cause of action exists for alleged right to smoke or cruelty, as such rights are not recognised under NSW or Australian law; the regulation's validity cannot be impugned on these grounds.

Parties
Plaintiff: Terry Jefrey Hunter; Defendant: David Elliott, Minister for Corrections
Jurisdiction
Australia
Judgment Date
17 December 2015
Procedural Posture
Judicial Review / Summary Dismissal
Outcome
Summons dismissed with costs
Legal Topics
Standing, Human Rights, Validity of Regulations, Summary Dismissal
Administrative Law Prison Law Standing Human Rights Validity of Regulations Summary Dismissal

Case Brief

Summary, issues, holding and outcome

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Parties

Terry Jefrey Hunter

Plaintiff

David Elliott, Minister for Corrections

Defendant

Procedural Posture

Judicial Review / Summary Dismissal

Legal Issues

  1. 1 Whether regulation banning smoking in NSW prisons violates alleged human right to smoke
  2. 2 Whether the regulation is contrary to international law
  3. 3 Whether the regulation is cruel

Ratio Decidendi

Hunter's proceeding was dismissed because he no longer has standing, being on parole and not subject to the regulation; no cause of action exists for alleged right to smoke or cruelty, as such rights are not recognised under NSW or Australian law; the regulation's validity cannot be impugned on these grounds.

Court Disposition

Summons dismissed with costs

Orders

  • Proceedings dismissed
  • Costs awarded against plaintiff