TD, BY HER TUTOR, THE PROTECTIVE COMMISSIONER OF NSW v STATE OF NSW [2011] NSWSC 763

Supreme Court New South Wales

Medium Neutral Citation: TD, BY HER TUTOR, THE PROTECTIVE COMMISSIONER OF NSW v STATE OF NSW [2011] NSWSC 763 Hearing dates: Friday 18 February 2011 Decision date: 22 July 2011 Jurisdiction: Common Law Before: Hall J Decision: (1) The notice of motion filed on 25 June 2010 is dismissed. (2) Judgment and verdict for the plaintiff on the plaintiff's pleaded cause of action in false imprisonment. (3) The plaintiff discontinues all other actions against the defendant in relation to the events giving rise to these proceedings. (4) The Court approves the settlement of the quantum of damages agreed between the parties in the sum of $80,000 plus costs, as agreed or assessed. (5) The defendant is to pay the plaintiff damages in the sum of $80,000 plus costs, as agreed or assessed. (6) The judgment monies are to be paid to the NSW Trustee & Guardian for management under the Protected Estates Act . Catchwords: TORTS - wrongful detention - plaintiff "protected person" by reason of mental illness - plaintiff subject of "limiting term" per s.23 of Mental Health (Criminal Procedure) Act - construction of s.27 of the Act - whether s.27 of the Act provides both power to detain and determine location of detention - whether s.24 of the Act interim order Legislation Cited: Civil Procedure Act 2005 Crimes (Sentencing Procedure ) Act 1999 Mental Health Act 1983 Mental Health (Criminal Procedure) Act 1990 NSW Trustee & Guardianship Act 2009 Protected Estates Act 1983 Cases Cited: Mailes v DPP & Mental Health Review Tribunal [2006] NSWSC 267 R v Adams [2001] NSWSC 1042; (2001) 126 A Crim R 264 R v AN [2005] NSWCCA 239 R v AN (No 2) [2000] NSWCCA 218; (2006) 66 NSWLR 523 TD v State of NSW [2010] NSWSC 368 Category: Principal judgment Parties: TD, BY HER TUTOR, THE PROTECTIVE COMMISSIONER OF NSW v STATE OF NSW Representation: P: A Naylor D: G P Craddock SC/S A Beckett P: S O'Connor D: I V Knight File Number(s): 2008/289362