SUPREME COURT OF SOUTH AUSTRALIA
(Civil: Application)
HART v PAROLE BOARD
[2017] SASC 184
Judgment of The Honourable Justice Stanley
14 December 2017
ADMINISTRATIVE LAW - JUDICIAL REVIEW - PROCEDURE AND EVIDENCE - EXTENSION OF TIME - PARTICULAR CASES
Application for permission to proceed with an action for judicial review pursuant to rule 200 of the Supreme Court Civil Rules 2006 (SA).
The action for judicial review seeks to review a decision of the Parole Board made on 7 February 2017 refusing the plaintiff parole and precluding her from applying again until after 17 January 2018. The action was commenced on 6 October 2017, meaning that it is two months out of time by virtue of SCR 200(1). Accordingly, pursuant to SCR 200(2), the action cannot proceed without the Court’s permission.
The defendant opposes the grant of permission firstly, because of a lack of utility and secondly, because it argues the application has no reasonable prospect of success.
Held: Application for permission and extension of time refused. Given the delay in this action, even if permission and an extension of time were granted, it is unlikely that a decision on the action for judicial review would be delivered before 17 January 2018. Even if the action succeeded, the Court could do no more than quash the decision of the Board of 7 February 2017 and order that it forthwith consider whether the plaintiff should be granted parole. Before that time, the plaintiff will have become eligible to apply again for parole. In the circumstances the action is no longer of any real practical significance (at [12] and [13]).
Supreme Court Civil Rules 2006 (SA) r 200, r 200C, referred to.
Spencer v Commonwealth of Australia (2010) 241 CLR 118; Ferdinands v District Court of SA [2010] SASC 265; La Roche v Cormack & Ors (1991) 33 FCR; Collins v The State of South Australia (unreported judgment of Olsson J) No. S 6960, 20 November 1998, considered.
HART v PAROLE BOARD
[2017] SASC 184Civil: Application
STANLEY J.
Introduction
This is an application for permission to proceed with an action for judicial review pursuant to rule 200 of the Supreme Court Civil Rules 2006 (SA) (SCR). The action for judicial review seeks to review a decision of the Parole Board (the Board) made on 7 February 2017 refusing parole for the plaintiff and precluding her from applying again for parole until after 17 January 2018. The Board gave written reasons for its decision.
The action was commenced on 6 October 2017. SCR 200(1) requires that an action for judicial review be commenced as soon as practicable after the date when the grounds for the review arose and, in any event, within six months after that date. Consequently, the action is out of time. Pursuant to SCR 200(2), in these circumstances the action cannot proceed without the Court’s permission.
The Board opposes the grant of permission on two bases. First, that there is a lack of utility and, second, that…
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CaseChat Overview and Summary
The Court considered the principles governing extensions of time in judicial review applications, particularly the requirement that the applicant demonstrate a reasonable excuse for the delay and that the action still has utility. The Board argued that the delay was unreasonable and that the application had lost its utility given the passage of time since the parole decision. Hart did not provide a satisfactory explanation for the delay, nor could he demonstrate that the application still had utility. The Court was satisfied that the Board's decision to deny parole remained effective and that further judicial review would not serve a meaningful purpose.
The Court found that the application did not meet the threshold for an extension of time and that there was no compelling reason to permit the application to proceed. The Court refused permission for the application, concluding that the action lacked utility and that the delay was unreasonable. Consequently, the application for judicial review was dismissed. The Court did not grant an extension of time or permission for the application, and no further orders were made.
Orders
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Background
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Ratio Decidendi
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Established by: STANLEY J
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