Application of a Local Health District; Re a Patient Fay [2016] NSWSC 624

Supreme Court New South Wales

Medium Neutral Citation: Application of a Local Health District; Re a Patient Fay [2016] NSWSC 624 Hearing dates: 13, 14 May 2016 Date of orders: 18 May 2016 Decision date: 14 May 2016 Jurisdiction: Equity - Duty List Before: Sackar J Decision: See paragraph 91 Catchwords: Parens patriae – Capacity to refuse medical treatment – Appeal from NCAT – Duress or undue influence in decision-making process Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Guardianship Act 1987 (NSW) Guardianship Regulation 2010 (NSW) Cases Cited: C v W [2015] NSWSC 1174 Department of Health and Community Services v JWB and SMB (1992) 175 CLR 218 (Marion's case) Director General New South Wales Department of Community Services v Y [1999] NSWSC 644 Gardner; re BWV [2003] VSC 173 Hunter and New England Area Health Service v A by his tutor T (2009) 74 NSWLR 88 Justins v R [2010] NSWCCA 242; 79 NSWLR 544; 204 A Crim R 315 Lloyd v Veterinary Surgeons Investigating Committee (2005) 65 NSWLR 245 Public Service Association and Professional Officers Association Amalgamated Union of New South Wales v Secretary of the Treasury [2014] NSWCA 112 R v Gyngall (1893) 2 QB 232 Re B (No 1) [2011] NSWSC 1075 Re Frances and Benny [2005] NSWSC 1207 Re JS [2014] NSWSC 302 Re T (Adult: Refusal of Treatment) [1993] Fam 95 S v S [2001] NSWSC 146 X v The Sydney Children's Hospitals Network [2013] NSWCA 320 Texts Cited: B Collier, C Coyne and K Sullivan, Mental Capacity: Powers of Attorney and Advance Health Directives (Federation Press 2005) R Hardcastle, Law and the Human Body: Property Rights, Ownership and Control (Hart 2007). Category: Principal judgment Parties: A Local Health District (applicant) Mother of Fay Fay Representation: Counsel: S Woods (applicant) G Moore (mother of Fay) Ms M Neville (separate representative for Fay)