BATTACHARYA v MEDICAL SUPERINTENDENT NEPEAN HOSPITAL [1994] NSWCA 19

BATTACHARYA v MEDICAL SUPERINTENDENT NEPEAN HOSPITAL SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

HANDLEY JA 24 May 1994

[1994] NSWCA 19

Handley JA In this matter the claimant who appears in person has applied for an injunction until the hearing of the appeal or further order restraining the opponent or any other employee of the hospital from administering Fluphenazine or similar drugs to the claimant for the purposes of his treatment as a mental patient pursuant to the Mental Health Act, 1990.

The appeal is from Brownie J who had heard and dismissed proceedings under 8285 of the Act in which Mr Battacharya challenged the legality of his detention under the Act and also sought to restrain his compulsory treatment with Fluphenazine. Brownie J in a reserved judgment delivered on 11 May dismissed Mr Battacharya's summons and dissolved the existing injunction restraining compulsory treatment with Fluphenazine. He suspended the order dissolving the injunction until today.

At this point of time the only documents that have been filed in this Court are a notice of motion dated today and a notice of appeal also dated today. I have not had an opportunity of considering the thirty-six page judgment of Brownie J. It appears, however, that Mr Battacharya has been detained pursuant to the Mental Health Act at the Nepean Hospital since 12

February this year and during this time for one reason or another has not been compulsorily treated with Fluphenazine.

In the circumstances it seems appropriate, bearing in mind the care which the Court traditionally exercises to protect members of the public against interference with their liberty and physical integrity by public authorities, to continue the restraint granted by the Protective Division and enable a motion for the further continuation of that injunction to be properly prepared and presented.