Garland v Chief Executive, Department of Corrective Services
[2006] QCA 568
To print this judgment please return to the case and click on the PDF icon
next to the
case name. For court use, a full PDF copy is required or preferred.
Please Note: You are about to print a copy of the onscreen
version of
this judgment. For court use, a full PDF copy of the judgment is required or preferred. Please
return to
the case for PDF printing options.
Garland v Chief Executive, Department of Corrective Services [2006] QCA 568
JUDGE(S):
McMurdo P, Holmes JA, Chesterman J
DELIVERED ON:
22 December 2006
Close
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] QCA 568
Court:
QCA
Judge(s):
McMurdo P, Holmes JA, Chesterman J
Date:
22 Dec 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)
Please select (using the checkboxes) which search results you would like to add to a list.
