NSW Caselaw
New South Wales Supreme Court
CITATION : TD v STATE OF NSW [2010] NSWSC 368
HEARING DATE(S) : Monday 15 March 2010
JUDGMENT DATE : 30 April 2010
JURISDICTION : Common Law
JUDGMENT OF : Hall J at 1
DECISION : Subject to short minutes of order, there is to be an order that the question of liability based on the plaintiff's pleaded cause of action in wrongful imprisonment is determined in favour of the plaintiff against the defendant.
CATCHWORDS : TORT – WRONGFUL IMPRISONMENT – mentally ill person dealt with by way of a special hearing under s.19 of the Mental Health (Criminal Procedure) Act 1990 – a "limiting term" nominated under s.23 of the Act – whether the limiting term deprived the plaintiff of her right to liberty – s.24 order for plaintiff's custody an interim order – order made by District Court under s.27 for the plaintiff's detention "in a hospital" – "hospital" had the meaning prescribed by s.3 of the Mental Health (Criminal Procedure) Act 1990 and s.208 of the Mental Health Act 1990 – plaintiff not detained in a "hospital" as required by order made under s.27 – detention unlawful and infringed her rights – separate question as to liability of State for wrongful imprisonment answered in the plaintiff's favour against the State.
Civil Procedure Act 2005 Crimes (Administration of Sentences) Regulation 2001 Criminal Appeal Act 1912 Limitation Act 1969 LEGISLATION CITED : Mental Health Act 1990 Mental Health Act 2007 Mental Health (Criminal Procedure) Act 1990 Mental Health (Forensic Provisions) Act 1990 Protected Estates Act 1983
Behrooz v Secretary, Department of Immigration and Multicultural and Indigenous Affairs (2004) 219 CLR 486 Cobbett v Grey (1849) 4 Ex 729 Collins v Downs (Roden J, unreported, 14December 1982) Cubillo v Commonwealth of Australia [2000] FCA 1084 Cubillo v Commonwealth of Australia [2001] FCA 1213 Mailes v Director of Public Prosecutions & Mental Health Review Tribunal [2006] NSWSC 267 Regina v Adams (2003) 58 NSWLR 1 CASES CITED : Regina v AN [2005] NSWCCA 239 Regina v AN (No 2) (2006) 66 NSWLR 523 Regina v Boyle (Mathews, J, 18 September 1992, unreported) Regina v Deputy-Governor of Parkhurst Prison, ex parte Hague [1992] 1 AC 58 Regina v Governor of Brockhill Prison; ex parte Evans (No 2) [2000] 3 WLR 843 Regina v Tas (District Court, Keleman DCJ, 1 October 1997, unreported) Ruddock v Taylor [2005] HCA 48 Watson v Marshall & Cade (1971) 12 CLR 612
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