Supreme Court
New South Wales
Medium Neutral Citation: Palizio v NSW Parole Authority [2013] NSWSC 1829 Hearing dates: 02/12/2013 Decision date: 13 December 2013 Before: Hoeben CJ at CL Decision: Plaintiff's summons dismissed.
Plaintiff's application under Court Suppression and Non-publication Orders Act 2010 (NSW) refused.
Catchwords: ADMINISTRATIVE LAW - Application under s69 Supreme Court Act 1970 (NSW) - application to quash defendant's decision confirming revocation of parole of plaintiff - plaintiff goes to Western Australia in breach of parole conditions - plaintiff commits further offences in Western Australia - plaintiff sentenced to imprisonment in Western Australia - whether imprisonment in Western Australia counts towards service of parole period in NSW - meaning of s171(3) of the Crimes (Administration of Sentences) Act 1999 (NSW) - meaning of "taken into custody" and "at large" as used in section - whether decision of defendant manifestly unreasonable - whether defendant failed to have regard to a mandatory relevant consideration - plaintiff's summons dismissed - plaintiff's application under Court Suppression and Non-publication Orders Act 2010 (NSW) refused. Legislation Cited: Court Suppression and Non-publication Orders Act 2010 (NSW)
Crimes (Administration of Sentences) Act 1999 (NSW) - s171(3)
Interpretation Act 1987 (NSW) - s12(1)
Prisoners (Interstate Transfer) Act 1982 (NSW)
Service and Execution of Process Act 1992 (Cth)
Supreme Court Act 1970 (NSW) - s69Cases Cited: Associated Provincial Picture Houses Ltd v Wednesbury Corporation - [1948] 1 KB 223
Australian Broadcasting Tribunal v Bond [1990] HCA 33; 170 CLR 321
Callaghan v R [2006] NSWCCA 58; 160 A Crim R 145
Dempster v National Companies and Securities Commission [1993] 9 WAR 215
Fairfax Digital Australia and New Zealand Pty Ltd v Ibrahim [2012] NSWCCA 125; 293 ALR 384
Legal Services Board v Gillespie-Jones [2013] HCA 35; 87 ALJR 985
Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; 162 CLR 24
Minister for Immigration and Citizenship v Li [2013] HCA 18; 297 ALR 225
Morrison v The Queen [2009] NSWCCA 211; 197 A Crim R 103
Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; 194 CLR 355 at 381
R v Adams [1935] HCA 62; 53 CLR 563
Re Bolton; Ex parte Beane [1987] HCA 12; 162 CLR 514
Secretary of State for Education and Science v Tameside Metropolitan Borough Council [1976] UKHL 6; [1977] AC 1014
Waterford v Commonwealth [1987] HCA 25; 163 CLR 54Category: Principal judgment Parties: Bagio Palizio - Plaintiff
New South Wales State Parole Authority - Defendant
Attorney General for the State of New South Wales - IntervenorRepresentation: Counsel:
Mr M Wise/Mr A Solomon-Bridge - Plaintiff
Submitting Appearance - Defendant
Mr J Hutton - Intervenor
Solicitors:
Arslan Lawyers - Plaintiff
IV Knight, Crown Solicitor - Defendant
IV Knight, Crown Solicitor - Intervenor
File Number(s): 2013/355115
Judgment
HIS HONOUR:
Nature of Proceedings
The plaintiff moved the court pursuant to s69 of the Supreme Court Act 1970 (NSW) for the following orders:
1. A declaration that…
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- Case
- [2013] NSWSC 1829
- Decision Date
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