State of New South Wales v TD [2013] NSWCA 32

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: State of New South Wales v TD [2013] NSWCA 32 Hearing dates: 15 November 2012 Decision date: 26 February 2013 Before: Bathurst CJ at [1]; Basten JA at [8]; Barrett JA at [78]; Hoeben JA at [96]; Sackville AJA at [98] Decision: (1) Dismiss the appeal. (2) Order the appellant to pay the respondent's costs in this Court. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: ADMINISTRATIVE LAW - habeas corpus - plaintiff detained in a prison - court order authorised detention in a hospital - whether habeas corpus available to plaintiff - relationship between habeas corpus and false imprisonment - Mental Health (Criminal Procedure) Act 1990 (NSW), ss 24 and 27

MENTAL HEALTH - District Court nominated "limiting term" in respect of plaintiff - District Court ordered that plaintiff be detained in a hospital - plaintiff detained in a prison - whether person has residual liberty after nomination of limiting term - whether court has discretion to decline to make order with respect to custody of person after nominating limiting term - discussion of R v AN (No 2) [2006] NSWCCA 218; 66 NSWLR 523 - Mental Health (Criminal Procedure) Act 1990 (NSW), ss 24 and 27