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[2026] NSWSC 865
Supreme Court of NSW
2026-07-21
Elkaim AJ
Original judgment source is linked above.
Source: NSW Caselaw (www.caselaw.nsw.gov.au). Converted to plain text by ZoeLaw. Not the official version.
Medium Neutral Citation: Harrison v Commissioner of Corrective Services (No 3) [2026] NSWSC 865
Hearing dates: 21 July 2026
Date of orders: 21 July 2026
Decision date: 21 July 2026
Jurisdiction: Common Law
Before: Elkaim AJ
Decision: I give leave to the plaintiff to discontinue the proceedings on the following terms:
1. There be no order as to costs in respect of the proceedings.
2. The defendant will not contend that the plaintiff is prevented by reason of the discontinuance of these proceedings including on the basis that the plaintiff is precluded by Anshun estoppel from making an application for relief in respect of the defendant's decision of 1 December 2025 to designate him as a high security inmate under cll 15(1) or (2) of the Crimes (Administration of Sentences) Regulation 2014 (NSW).
3. The plaintiff will not press further judicial review proceedings on designation decisions or related matters before today's date unless such is supported by counsel's advice, nor pursue proceedings in tort arising therefrom.
4. The plaintiff will not in any event press again the final relief sought in item 2 in the further amended summons.
Catchwords: CIVIL PROCEDURE — application by plaintiff to discontinue proceedings on specific terms — some terms disputed — no issue of principle
Legislation Cited: Crimes (Administration of Sentences) Regulation 2014 (NSW), cll 15(1), 15(2)
Cases Cited: Harrison v Commissioner of Corrective Services (No 2) [2026] NSWSC 830
Category: Procedural rulings
Parties: Graham Loughlan Harrison (Plaintiff Commissioner of Corrective Services (Defendant)
Representation: Counsel:
G Harrison (Plaintiff) (self-represented)
D Birch (Defendant)
Solicitors:
Ross Hill & Associate Solicitors (Plaintiff)
NSW Crown Solicitor (Defendant)
File Number(s): 2025/17167
Publication restriction: No
The pleadings in these proceedings are currently constituted by a further amended summons for judicial review filed on 8 April 2026 and a further response filed on 1 May 2026.
The matter has been case managed by Cavanagh J who delivered a short judgment on 13 July 2026 (Harrison v Commissioner of Corrective Services (No 2) [2026] NSWSC 830, in which his Honour explained why the proceedings were, in effect, futile.
The plaintiff has recognised the futility and now wishes to discontinue proceedings. He has prepared a notice of discontinuance which states:
“1. The plaintiff discontinues the whole of the proceedings.
2. The plaintiff does not represent any other person.
3. Full agreement on terms for the discontinuance has not been settled. I seek leave.”
The second page of the notice contains a number of terms of discontinuance. Some of those terms are agreed to by the defendant and others are not. The defendant objected to term 5. The plaintiff accepted that he cannot press this term. The only real dispute arose from term 3 of the plaintiff's proposals, which in effect would give him the ability to start proceedings again if a barrister says in the future that there is some merit in his claim.
It is difficult to imagine that happening, taking into account that the classifications have already been changed and future classifications are likely to be made. Nevertheless, I do not think I can stop further action if counsel's advice is that there is a possibility of some merit in taking action.
I give leave to the plaintiff to discontinue the proceedings on the following terms:
There be no order as to costs in respect of the proceedings.
The defendant will not contend that the plaintiff is prevented by reason of the discontinuance of these proceedings (including on the basis that the plaintiff is precluded by Anshun estoppel) from making an application for relief in respect of the defendant's decision of 1 December 2025 to designate him as a high security inmate under cll 15(1) or (2) of the Crimes (Administration of Sentences) Regulation 2014 (NSW).
The plaintiff will not press further judicial review proceedings on designation decisions or related matters before today's date unless such is supported by counsel's advice, nor pursue proceedings in tort arising therefrom.
The plaintiff will not in any event press again the final relief sought in item 2 in the further amended summons.
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Harrison
Commissioner of Corrective Services (No 3)
[2026] NSWSC 830