Garland v Chief Executive, Department of Corrective Services
[2006] QSC 245
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Garland v Chief Executive, Department of Corrective Services [2006] QSC 245
JUDGE(S):
Atkinson J
DELIVERED ON:
07 September 2006
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Editorial Notes
Published Case Name:
Garland v Chief Executive, Department of Corrective Services
Shortened Case Name:
Garland v Chief Executive, Department of Corrective Services
MNC:
[2006] QSC 245
Court:
QSC
Judge(s):
Atkinson J
Date:
07 Sep 2006
Litigation History
Event
Citation or File
Date
Notes
Primary Judgment
[2006] QSC 245
07 Sep 2006
Application for judicial review of Corrective Services decision issuing a maximum security order; not been successful in showing that there was no evidence or other material to justify the making of the decision; nor that making the decision was an improper exercise of power with the result that the exercise was so unreasonable that no reasonable person could so exercise the power: Atkinson J.
Appeal Determined (QCA)
[2006] QCA 568
22 Dec 2006
Appeal dismissed with costs; the primary judge was entitled to conclude that the appellant's containment in a maximum security facility under the s 47 Corrective Services Act order was not inhumane in the context of his necessarily diminished entitlements because of his imprisonment whilst subject to a lawfully made order under s 47: McMurdo P, Holmes JA and Chesterman J.
Special Leave Refused (HCA)
[2007] HCATrans 154
24 Apr 2007
Special leave refused; not now right to permit the applicant to agitate the availability of ancillary relief when it is acknowledged that the principal relief cannot be granted: Kirby, Hayne and Crennan JJ.
Appeal Status
Appeal Determined - Special Leave Refused (HCA)
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