“K” v St Vincent’s Hospital Sydney Ltd [2021] NSWSC 1000

Supreme Court New South Wales

Medium Neutral Citation: "K" v St Vincent's Hospital Sydney Ltd [2021] NSWSC 1000 Hearing dates: On the papers Decision date: 10 August 2021 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Dismiss the plaintiff's notice of motion filed 12 April 2021. 2. Order that the plaintiff pay the defendant's costs of the notice of motion filed 12 April 2021. Catchwords: CIVIL PROCEDURE — Stay of proceedings — Pending appeal Legislation Cited: Crimes Act 1900 (NSW) Mental Health Act 2007 (NSW), s 51 Cases Cited: Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685 JK (a pseudonym) v St Vincent's Hospital Sydney Ltd [2021] NSWCA 7 K v St Vincent's Hospital Sydney Ltd (No 2) [2020] NSWSC 1097 Kalifair Pty Ltd v Digi-Tech (Aust) Ltd; McLean Tecnic Pty Ltd v Digi-Tech (Aust) Ltd (2002) 55 NSWLR 737; [2002] NSWCA 383 New South Wales Bar Association v Stevens (2003) 52 ATR 602; [2003] NSWCA 95 Port Macquarie-Hastings Council v Diveva Pty Ltd (t/as Mid Coast Road Services [2017] NSWCA 4 Category: Procedural rulings Parties: K (Plaintiff) St Vincent's Hospital Sydney Ltd (Defendant) Representation: Counsel: K (in person) S Khanas (Defendant)

Solicitors: Holman Webb Lawyers (Defendant) File Number(s): 2020/00051667 Publication restriction: Nil

Judgment 1. HER HONOUR: This is an application by notice of motion filed on 12 April 2021 by the plaintiff ("K") for a stay of medication ordered by the Mental Health Review Tribunal (the Tribunal) on 15 September 2020. The order is one of various community treatment orders that have been made pursuant to s 51 of the Mental Health Act 2007 (NSW) in respect of the plaintiff for the treatment of a diagnosed delusional disorder. 2. This notice of motion comes a year after a similar notice of motion was filed on 12 May 2020 by the plaintiff seeking the cessation of medication ordered to be administered under an earlier community treatment order made in 2019 (the 2019 Community Treatment Order). That application was heard and dismissed by Parker J on 28 August 2020 (K v St Vincent's Hospital Sydney Ltd (No 2) [2020] NSWSC 1097) in a decision that was the subject of an unsuccessful application for leave to appeal (JK (a pseudonym) v St Vincent's Hospital Sydney Ltd [2021] NSWCA 7 per Bell P and Leeming JA). 3. On the present notice of motion, the parties agreed (and I confirmed this with them when the matter was before me for directions in the applications list) that the application could be determined on the papers by reference to the material filed and submissions made by the respective parties (including submissions made before Parker J on the previous application). I have had the opportunity to review those submissions and set out below my reasons for dismissing the present application.