Supreme Court
New South Wales
Medium Neutral Citation: Georgiou v Commissioner for Corrective Services NSW [2016] NSWSC 1337 Hearing dates: 13 September 2016 Date of orders: 23 September 2016 Decision date: 23 September 2016 Jurisdiction: Common Law Before: Davies J Decision: (1) Pursuant to rule 5.3 of the Uniform Civil Procedure Rules the Defendant is to give discovery to the Plaintiff of the following documents:
a. Any document authorising the Plaintiff's detention in a dry cell or under special administrative arrangements on or about 10 February 2016 and thereafter;
b. Any document recording the reasons for detaining the Plaintiff in a dry cell or under special administrative arrangements from about 10 February 2016;
c. Any document relied upon in deciding to detain the Plaintiff in a dry cell or under special administrative arrangements on or about 10 February 2016 and thereafter; and
d. A copy of the:
i. Corrective Services NSW Operations Manual, including but not limited to, section 12.20 entitled 'Dry Cells'; or,
ii. If applicable, the Corrective Services NSW Operations Manual in operation as at 10 February 2016 until present, or equivalent, with the operative provisions relating to the Plaintiff's detention in a dry cell or under special administrative arrangements.Catchwords: DISCOVERY AND INTERROGATORIES – preliminary discovery – nature of the test – prisoner placed in dry cell – whether held in dry cell in accordance with proper procedures – prior request for documents providing basis for holding prisoner in dry cell – refusal to supply updated manual of procedures – whether prisoner would have any legal redress – prisoner’s right to judicial review and/or damages – residual liberty – whether damages for breach – preliminary discovery ordered Legislation Cited: Civil Procedure Act 2005 (NSW).
Crimes (Administration of Sentences) Regulation 2014 (NSW)
Supreme Court Act 1970 (NSW)
Uniform Civil Procedure Rules 2005 (NSW)Cases Cited: Clark v Commissioner of Corrective Services [2016] NSWCA 186
Monteiro v State of New South Wales (No 2) [2015] NSWSC 1901
Morton v Nylex Ltd [2007] NSWSC 562
Panasonic Australia Pty Ltd v Ngage Pty Ltd [2006] NSWSC 399; (2006) 69 IPR 595
Papaconstuntinos v Holmes a Court [2006] NSWSC
945
Patsalis v State of NSW (2012) 81 NSWLR 742; [2012] NSWCA 307
Paxus Services Ltd v People Bank Pty Ltd (1990) 99 ALR 728
Sleiman v Commissioner of Corrective Services; Hamzy v Commissioner of Corrective Services [2009] NSWSC 304
SU v Commonwealth of Australia; BS v Commonwealth of Australia [2016] NSWSC 8; (2016) 307 FLR 357Category: Procedural and other rulings Parties: Konstantinos Georgiou (Plaintiff)
Commissioner for Corrective Services NSW (Defendant)Representation: Counsel:
M Neil QC & P Lange (Plaintiff)
B Thomson (Defendant)
Solicitors:
Birchgrove Legal (Plaintiff)
Crown Solicitors Office (Defendant)
File Number(s): 2016/58415
Judgment
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The Plaintiff is an inmate at the Goulburn Correctional Centre. He is serving a total sentence of 37 years with a non-parole period of 32 years and three months commencing 3 February 1998. The sentence includes terms of imprisonment for 33 years for three…
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- AGLC
- Georgiou v Commissioner for Corrective Services [2016] NSWSC 1337
- Case
- [2016] NSWSC 1337
- Decision Date
CaseChat Overview and Summary
The court was required to decide whether the plaintiff had any legal redress and if the refusal to supply the updated manual meant he could not avail himself of judicial review or damages. Another critical issue was whether the plaintiff’s residual liberty had been breached, warranting damages. The court needed to establish the threshold for preliminary discovery in this context and whether the plaintiff had a valid claim under judicial review or for damages.
The Supreme Court concluded that preliminary discovery was necessary to ascertain the existence of documents that could substantiate the procedures followed in holding Georgiou in a dry cell. The court ruled that the plaintiff’s right to judicial review and/or damages hinged on these documents. The court determined that the plaintiff did have residual liberty that could be breached, potentially warranting damages. Thus, the court ordered preliminary discovery to allow Georgiou to seek the requisite documents and explore his legal options.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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