T v South Western Sydney Local Health District [2022] NSWSC 1173

Supreme Court New South Wales

Medium Neutral Citation: T v South Western Sydney Local Health District [2022] NSWSC 1173 Hearing dates: 25 July and 5 August 2022 and written submissions Decision date: 02 September 2022 Jurisdiction: Equity Before: Lindsay J Decision: Subject to allowing the parties an opportunity to be heard as to the form of the orders to be made, and costs, orders are to be made for a community treatment order affecting the plaintiff to be revoked. Catchwords: MENTAL HEALTH – Mental Health Review Tribunal – Appeal – Community Treatment Order – Forced medication by depot injection – Availability of other care of a less restrictive kind – Oral medication in lieu of depot injection – Consideration of whether oral medication consistent with safe and effective care, appropriate and reasonably available to affected person Legislation Cited: Civil Procedure Act 2005 Guardianship Act 1987 NSW Mental Health Act 2007 NSW – sections 51, 53, 163, 164 Uniform Civil Procedure Rules 2005 NSW Cases Cited: CCR v PS (No 2) (1986) 6 NSWLR 622 Harry v Mental Health Review Tribunal (1994) 33 NSWLR 315 J v Lieschke (1987) 162 CLR 447 Re Eve (1986) 2 SCR 388 Re Frieda and Geoffrey [2009] NSWSC 133; 40 Fam LR 608 Re Victoria [2002] NSWSC 647; 29 Fam LR 157 Rogers v Whitaker (1992) 175 CLR 479 S v South Eastern Sydney and Illawarra Area Health Service [2010] NSWSC 178 Secretary, Department of Health and Community Services v JWB and SMB (Marion's Case) (1992) 175 CLR 218 Z v Mental Health Review Tribunal [2015] NSWCA 373 Category: Principal judgment Parties: Plaintiff: T, a mentally ill person Defendant: South Western Sydney Local Health District Representation: Counsel: Plaintiff: AG Barwick, Solicitor Defendant: E Holmes