Vorhauer v NSW Minister for Health & Anor [2005] NSWSC 797

New South Wales Supreme Court

CITATION : Vorhauer v NSW Minister for Health & Anor [2005] NSWSC 797

HEARING DATE(S) : 12 July 2005

JUDGMENT DATE : 5 September 2005

JURISDICTION : Equity

JUDGMENT OF : Campbell J

DECISION : All paragraphs of summons except one summarily dismissed. Leave granted nunc pro tunc to commence and continue the claim made in that paragraph of the summons, subject to the plaintiff not raising various contentions found to be unsustainable. Direction that no other step be taken in action until Tribunal joined, and a statement of claim filed.

CATCHWORDS : PRACTICE - application for summary disposal of proceedings under Part 13 rule 5 Supreme Court Rules - proceedings brought by summons - purpose of receiving and examining evidence on such an application - PRACTICE - commencement of proceedings - leave under Felons (Civil Proceedings) Act 1981 to commence action - when granted to person who has committed a serious indictable offence - granting of leave nunc pro tunc - granting of leave to appear or be represented at an application for such leave -form of leave to grant - MENTAL HEALTH - mental hospitals and institutions - transfer of a person imprisoned in a prison to a hospital under section 97 Mental Health Act 1990 - whether time limits for a certificate arising under section 21(4) Mental Health Act 1990 apply to such a transfer - whether such a transfer can consist of a notional change in status of a person who is already in a place which is both a prison and a hospital, without any physical movement of that person - whether the certificates required by section 97 Mental Health Act 1990 can take the form of certificates of two psychiatrists - whether any requirement for psychiatrists to permit writing down of answers given to their questions - whether Chief Health Officer has power to delegate his powers under section 97 Mental Health Act 1990 - whether a certificate for the purpose of section 97 Mental Health Act 1990 must be based solely on personal observations of the medical practitioner who gives it - whether Mental Health Review Tribunal validly vested with jurisdiction to decide matters under section 86(1) Mental Health Act 1990 - ADMINISTRATIVE LAW - particular persons and bodies - Mental Health Review Tribunal - whether The University of Wollongong v Metwally (1984) 158 CLR 447 prevents that Tribunal from giving decisions - TORTS - assault - whether Theophanus v The Herald and Weekly Times (1994) 182 CLR 104 bears upon any such claim