Corrections has appealed a court ruling that it must pay compensation to former prisoners held for longer than they should have been.
Last year, the Supreme Court ruled the department failed to factor in time spent in custody on remand, when calculating former prisoner Michael Marino's release date.
Marino was jailed for four months longer than he should have been and is seeking tens of thousands of dollars in compensation.
The Crown subsequently argued in the High Court that the Supreme Court ruling should only apply to future cases.
In December, Justice France ruled that would be a departure from the traditional approach.
No date has been set yet for the appeal.