Re J (No. 2) [2011] NSWSC 1224

Supreme Court New South Wales

Medium Neutral Citation: Re J (No. 2) [2011] NSWSC 1224 Hearing dates: 14 and 15 September 2011 Decision date: 15 September 2011 Jurisdiction: Equity Division - Protective List Before: White J Decision: Refer to paras [115], [123] and [124] of judgment. Catchwords: MENTAL HEALTH - involuntary detention at mental health facility - appeal from Mental Health Review Tribunal - where plaintiff suffers from mental illness - whether plaintiff by reason of mental illness needs protection from "serious harm" - whether involuntary detention least restrictive care - where continued involuntary detention of the plaintiff is sought to be justified on ground that he might suffer financial harm as a result of his mental illness - involuntary detention is to be a measure of last resort to protect from harm - protection from financial harm could have been provided by a financial management order - plaintiff not found to be incapable of managing his affairs - necessary to consider the extent to which mental illness was a harm for plaintiff and assess its seriousness - appeal allowed - order that plaintiff be discharged from mental health facility Legislation Cited: Mental Health Act 2007 NSW Trustee and Guardian Act 2009 Guardianship Act 1937 Guardianship Act 1987 Mental Health Act 1990 Mental Health Amendment Act 1997 Mental Health Legislative Amendment Act 1997 Cases Cited: M v K (Supreme Court of New South Wales, Powell J, 24 April 1989, unreported) Application of O'Hara; Re M [1999] NSWSC 209 FA v the Protective Commissioner [2009] NSWSC 415 Category: Principal judgment Parties: J (Plaintiff) South Eastern Sydney Local Area Health Service (1st Defendant) Mental Health Review Tribunal (2nd Defendant) Representation: J Bartos (Plaintiff) J McDonnell, solicitor (Defendant) David Begg & Associates (Plaintiff) Crown Solicitor's Office (Defendant) File Number(s): 2011/291580