K v St Vincent’s Hospital Sydney Limited [2020] NSWSC 742

Supreme Court New South Wales

Medium Neutral Citation: K v St Vincent's Hospital Sydney Limited [2020] NSWSC 742 Hearing dates: On the papers Date of orders: 16 June 2020 Decision date: 16 June 2020 Jurisdiction: Equity Before: Ward CJ in Eq Decision: (1) Pursuant to r 6.29 of the Uniform Civil Procedure Rules 2005 (NSW) order that the third, fourth and fifth defendants respectively in the plaintiff's Amended Summons Seeking Leave to Appeal filed on 15 May 2020, be removed as parties to the proceedings without prejudice to any application that the plaintiff may wish to make for leave to file a statement of claim in which there is articulated a properly pleaded and particularised cause of action individually against one or more of the third to fifth defendants and hence for leave for one or more of them to be re-joined to the proceedings. (2) There be no order as to the costs of the notice of motion filed by the second to fifth defendants on 22 May 2020. (3) Remit the matter to the Registrar for directions. Catchwords: MENTAL HEALTH — Practice and procedure — Appeals — Appeal against Mental Health Review Tribunal decisions — Removal of parties Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Crimes Act 1900 (NSW) Criminal Procedure Act 1986 (NSW), ss 14, 49 Government Sector Employment Act 2013 (NSW), ss 75(1), 77 Mental Health Act 2007 (NSW), ss 67, 163, 164, 168, sch 5 Uniform Civil Procedure Rules 2005 (NSW), rr 6.29, 14.14 Cases Cited: B v St Vincent's Hospital Sydney Limited [2016] NSWSC 392 Banque Commerciale SA (en liquidation) v Akhil Holdings Limited (1990) 169 CLR 279\ Bell Lawyers Pty Ltd v Pentelow [2019] HCA 29; (2009) 372 ALR 555 M v Mental Health Review Tribunal [2015] NSWSC 1876 SMF v South Western Sydney Local Health District [2018] NSWSC 303 Tanamerah Estates Pty Ltd v Tibra Capital Pty Ltd (2013) 272 FLR 365; [2013] NSWSC 36 Taylor v Attorney-General (Cth) [2019] HCA 30; 372 ALR 581 Texts Cited: Ritchie's Uniform Civil Procedure NSW Category: Procedural and other rulings Parties: K (Plaintiff) St Vincent's Hospital Sydney Limited (First Defendant) Member Catherine Carney (Third Defendant) Member James Greenwood (Fourth Defendant) Member Corrine Henderson (Fifth Defendant) Dr Benjamin Williams (Sixth Defendant) Dr Matthew Cullen (Seventh Defendant) Representation: Solicitors: K (Plaintiff – Self-represented) Holman Webb (First, Sixth and Seventh Defendants) Crown Solicitor for NSW (Third to Fifth Defendants) File Number(s): 2020/00051667 Publication restriction: Restriction on publication of the name of the plaintiff, pursuant to s 162 of the Mental Health Act 2007 (NSW).