Webb v Department for Correctional Services

The applicant, a prisoner, sought judicial review of a decision made by the Chief Executive's delegate on 12 September 2023, concerning his security rating and potential transfer. The applicant sought various forms of relief, including certiorari, mandamus, declaration, and injunction. The matter came before the Supreme Court of South Australia on an application for leave to appeal the primary judge's decision.

The central legal issue before the Full Court was whether the primary judge erred in dismissing the applicant's judicial review application on the grounds of futility. This futility arose from a subsequent decision made by the delegate on 21 March 2024, which reduced the applicant's security rating and ordered his transfer to Cadell, where he was subsequently imprisoned on 9 April 2024. The applicant sought leave to appeal this dismissal, arguing that the primary judge's decision was attended by sufficient doubt, raised an issue of principle or general importance, or would work a substantial injustice.

The Full Court reasoned that futility is a legitimate basis upon which a court may withhold relief in judicial review proceedings. The subsequent decision of the delegate on 21 March 2024, and the applicant's actual transfer to Cadell, rendered the relief sought at first instance nugatory. The Court found that the applicant had not disclosed any reasonably arguable basis for challenging the primary judge's conclusion of futility, as neither a desire for accountability nor the potential impact on future case reviews constituted a sufficient basis to overcome the established futility of the original challenge.

The Court concluded that leave to appeal should be refused. The primary judge's dismissal of the application on the grounds of futility was upheld, as the subsequent events had rendered the original relief sought by the applicant academic and therefore futile.