A by his Tutor Brett Anthony Collins v Mental Health Review Tribunal and Anor [2010] NSWSC 1363

New South Wales Supreme Court

CITATION : A by his Tutor Brett Anthony Collins v Mental Health Review Tribunal and Anor [2010] NSWSC 1363

HEARING DATE(S) : 23 November 2010

JUDGMENT DATE : 26 November 2010

JUDGMENT OF : Johnson J at 1

1. The Plaintiff is refused leave to appeal under s.77A(1) Mental Health (Forensic Provisions) Act 1990. DECISION : 2. The Further Amended Summons filed on 27 July 2010 is dismissed. 3. The Plaintiff is to pay the Second Defendant's costs of and incidental to the proceedings and those costs may be recovered from the Plaintiff's tutor, Brett Anthony Collins. 4. No order is made with respect to the costs of the First Defendant.

CATCHWORDS : ADMINISTRATIVE LAW - application for leave to appeal to Supreme Court - applicant a forensic patient - found not guilty on ground of mental illness of manslaughter and maliciously damaging property by fire - order for detention until released by due process of law - applicant subject to periodic review by Mental Health Review Tribunal - Tribunal empowered to make order as to forensic patient's continued detention, care or treatment - forensic patient seeks leave to appeal concerning practical aspects of clinical treatment and place of detention - nature of appeal under s.77A(1) Mental Health (Forensic Provisions) Act 1990 - factors relevant to grant of leave to appeal - leave refused - whether costs should follow event - whether tutor ought be liable to pay costs

Mental Health (Forensic Provisions) Act 1990 Mental Health Act 2007 LEGISLATION CITED : Civil Procedure Act 2005 Mental Health Legislation Amendment (Forensic Provisions) Act 2008 Interpretation Act 1987 Supreme Court Act 1970