Khoury (by his tutor, Georgette Khoury) v Mental Health Review Tribunal [2012] NSWSC 703

Supreme Court New South Wales

Medium Neutral Citation: Khoury (by his tutor, Georgette Khoury) v Mental Health Review Tribunal [2012] NSWSC 703 Hearing dates: 7 May 2012 Decision date: 29 June 2012 Before: Harrison J Decision: 1. Application for leave to appeal dismissed. 2. No order as to costs. Catchwords: Appeal - appeal against decision of Mental Health Tribunal - whether applicant has standing to appeal as a forensic patient - applicant not a forensic patient - leave to appeal refused Legislation Cited: Bail Act 1978 Interpretation Act 1987 Mental Health Act 1990 (Repealed) Mental Health Act 2007 Mental Health (Criminal Procedure) Act 1990 (Repealed) Mental Health (Forensic Provisions) Act 1990 Mental Health Legislation Amendment (Forensic Provisions) Act 2008 (Repealed) Cases Cited: AN (No 2) v The Queen [2006] NSWCCA 218; (2006) 66 NSWLR 523 Mailes v Director of Public Prosecutions [2006] NSWSC 267 Texts Cited: D Howard and B Westmore, Crime and Mental Health Law in New South Wales, 2nd ed (2010) LexisNexis Butterworths Category: Principal judgment Parties: George Khoury (by his tutor, Georgette Khoury) (Plaintiff) Mental Health Review Tribunal (First Defendant) Attorney General of New South Wales (Second Defendant) Representation: Counsel: S A Fraser (Plaintiff) Solicitors: O'Brien Solicitors (Plaintiff) Crown Solicitor's Office (Second Defendant) File Number(s): 2011/366063