Australia, Aug. 19 -- New South Wales Land and Environment Court issued text of the following judgement on July 18:

1. The plaintiff, Andreas Karnauchow, who is a maximum security inmate at Goulburn Correctional Centre (GCC), seeks various orders by way of interlocutory relief pending the hearing of his application for judicial review of a decision of the NSW Civil and Administrative Tribunal (NCAT).

Background

2. The background to these proceedings has been canvassed in Karnauchow v State of NSW (Corrective Services NSW) [2024] NSWCATAD 294 and Karnauchow v Commissioner of Corrective Services [2025] NSWCATAP 99.

3. On 1 September 2022, the plaintiff made a complaint to the NSW Anti-Discrimination Board (the board) alleging discrimination by Corrective Services NSW on the grounds of disability and homosexuality in the provision of goods and services. The complaint also alleged victimisation. The matter was dismissed in Karnauchow v State of NSW, NSW Department of Communities and Justice (Corrective Services) [2023] NSWCATAD 326 (the 2023 decision). On 9 February 2024, the plaintiff appealed the decision of NCAT. The appeal is listed for hearing before the NCAT Appeal Panel on 10 October 2025.

4. On 28 February 2024, the plaintiff made another complaint to the board with respect to Corrective Services NSW, on the same grounds. On 5 May 2024, the board declined the complaint. On 16 May 2024, the plaintiff requested the complaint be amended and in the alternative that the matter to be referred to NCAT. The matter was subsequently referred to NCAT. On 3 October 2024, NCAT refused the plaintiff leave to commence proceedings: Karnauchow v State of NSW (Corrective Services NSW) (the 2024 decision). This was on the basis that the "fair and just" decision was to refuse leave and that the complaint involved the same factual matters dealt with in the 2023 decision of NCAT presently the subject of appeal.

5. On 10 January 2025, the plaintiff filed a summons in this Court for judicial review of the 2024 decision made by NCAT in Karnauchow v State of NSW (Corrective Services NSW). Subsequently, the plaintiff filed an amended summons on 14 April 2025 and a further amended summons on 19 June 2025. At the hearing of the interlocutory relief, the Commissioner did not oppose leave being granted to the plaintiff for the summons to be amended and the further amended summons filed 19 June 2025 was filed and moved on in court.

6. By way of other proceedings in which the plaintiff is involved, the plaintiff was recently before NCAT in relation to a release of information application under the Government Information (Public Access) Act 2009 (NSW), which appears to have been finalised on 5 April 2024. The plaintiff has also filed a notice of intention to appeal in relation to his conviction and sentence for offences occasioning his current period of incarceration. Although that notice of intention was filed on 8 July 2019, no notice of appeal has been filed.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1981ac1c4ac8994714ee34ed)

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