16 Aug 2010
TAYLOR V THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS CA CA165/2010
- Citation
- openlaw-7866786d_7646_45c8_ac0a_79580a04912e.pdf
- Court
- Court of Appeal
The Court held that although s 8 permits declaratory interim relief, the discretionary factors—absence of any enforceable licence or entitlement to the monthly contact visits, the paramount need for prison security and manager discretion under the Corrections Act, the MSD's responsibility for the child's welfare, the risk of long delay and prejudice to effective administration, and the impracticality of mandating positive operational steps—weighed against granting the mandatory interim relief sought; accordingly the appeal was dismissed and interim relief refused.