Z v Mental Health Review Tribunal (No 3) [2023] NSWCA 38

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Z v Mental Health Review Tribunal (No 3) [2023] NSWCA 38 Hearing dates: 23 February 2023 Date of orders: 8 March 2023 Decision date: 08 March 2023 Before: Kirk JA at [1] Decision: (1) Order 4 made in these proceedings on 1 December 2015 and all subsequent variations of that order are revoked. (2) Direct that in the records and systems of this Court the applicant continues to be referred to as "Z" (noting that this does not restrict the content of any reasons for judgment). (3) The parties to the hearing on 23 February 2023 are to bear their own costs in relation to the hearing. (4) List the matter for directions before the Registrar of the Court of Appeal on Wednesday 15 March 2023 or such other date as is fixed by the Registrar. Catchwords: CIVIL PROCEDURE — Hearings — Suppression and non-publication — Orders — Power to review the Suppression Order by the Court of Appeal — Powers of a single Judge of Appeal — Public interest does not significantly outweigh the competing public interest in open justice — Suppression Order should be lifted — Retention of Applicant's pseudonym for the records and systems of this Court MENTAL HEALTH — Jurisdiction — Supreme Court — Power on appeals — Publication of names (s 162 of the Mental Health Act) — Whether s 162 affects any order that should be made under the Court Suppression Act — Whether s 162 binds the Supreme Court or the Court of Appeal — Whether s 162 encompass appeal proceedings from the Tribunal — Whether s 162 requires the Court to make orders under the Court Suppression Act — Inconsistent authorities on issue — General prohibition on identifying a relevant person Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Court Suppression and Non-publication Orders Act 2010 (NSW) Mental Health Act 2007 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 Cases Cited: Attorney General for the State of New South Wales v Boyce (No 2) [2017] NSWSC 648 Attorney General of New South Wales v Huckstadt (No 2) [2017] NSWSC 595 Attorney-General (NSW) v Doolan [2015] NSWSC 177 Attorney-General (NSW) v TP (by her tutor Thompson) [2015] NSWSC 1656 Attorney-General (NSW) v XY [2014] NSWCA 466 Attorney-General of New South Wales v Kereopa (No 3) [2017] NSWSC 929 Attorney-General of New South Wales v McGuire [2017] NSWSC 1572 Attorney-General of New South Wales v WB (Preliminary) [2019] NSWSC 1664 Burton v Director of Public Prosecutions [2022] NSWCA 242 Hogan v Hinch (2011) 243 CLR 506; [2011] HCA 4 KD v BS [2022] NSWSC 887 Minister for Mental Health v Paciocco [2017] NSWSC 4 Misrachi v The Public Guardian [2019] NSWCA 67 Nationwide News Pty Ltd v JS and SD [2022] NSWSC 774 New South Wales Minister for Health v BB [2015] NSWSC 1418 New South Wales Ministry of Health v W (2020) 102 NSWLR 969; [2020] NSWCA 212 Porter v Dyer (2022) 402 ALR 659; [2022] FCAFC 116 Russell v Russell (1976) 134 CLR 495 Sara White v Local Health Authority [2015] NSWSC 417 Scott v Scott [1913] AC 417 State of New South Wales v BP (Preliminary) [2019] NSWSC 699 Z v Mental Health Review Tribunal [2015] NSWCA 373 Z v Mental Health Review Tribunal [2015] NSWSC 1943 Z v Mental Health Review Tribunal (No 2) [2022] NSWCA 131 ZLF v South Western Sydney Local Health District [2019] NSWSC 101 Category: Procedural rulings Parties: Z (Applicant)