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Rowson, Mark v The Secretary, Department of Justice [DOJ]; The Commissioner, Corrections Victoria & The State of Victoria [2020] VSC 236

TORT, INJUNCTIONS, HUMAN RIGHTS
Supreme Court of Victoria
Division: 
Common Law Division
Judge(s): 
Ginnane J
Parties: 

Rowson, Mark v The Secretary, Department of Justice [DOJ]; The Commissioner, Corrections Victoria & The State of Victoria

Judgment Date: 
1 May 2020
Catchwords: 

TORT - Duty of care to prisoner - Risk of contracting COVID-19 - Application to be released from prison for purpose related to health - Application yet to be determined - Whether prima facie case that duty of care breached - Discretionary considerations - Appropriate interlocutory orders - Corrections Act 1986 ss 47(1),57A, 112D, 112O.

INJUNCTIONS - Interlocutory injunctions - Preserve subject matter of proceeding - Inherent jurisdiction - Supreme Court Act 1986 s 37.

HUMAN RIGHTS - Charter of Human Rights and Responsibilities - Right of recognition and equality - Right of Life - Humane treatment when deprived of liberty - Whether rights unreasonably limited - Charter of Human Rights and Responsibilities Act 2006 ss 7(2),8, 9, 22, 38.

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