State of New South Wales v Roberson [2016] NSWCA 151

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: State of New South Wales v Roberson [2016] NSWCA 151 Hearing dates: 25, 26 May 2016 Decision date: 29 June 2016 Before: Beazley P at [1]; Basten JA at [2]; Macfarlan JA at [91] Decision: (1) Grant each of the appellants leave to appeal from the judgment of the District Court delivered on 19 June 2015.

(2) Direct that, within seven days, the appellants file in the Registry a notice of appeal in the form of the draft notice of appeal contained in the white folder and otherwise dispense with the rules with respect to service.

(3) Allow the appeal and set aside the orders made by the District Court on 19 June 2015.

(4) In place thereof, order that:

(a) the further amended statement of claim filed by Darren Maxwell Roberson on 21 April 2015 be dismissed; (b) the plaintiff pay the costs of the defendants.

(5) Dismiss the cross-appeal.

(6) Order that the respondent pay the appellants' costs of the appeal and cross-appeal.

(7) The respondent have a certificate under the Suitors' Fund Act 1951 (NSW). Catchwords: MENTAL HEALTH – effect of magistrate's order for mental health assessment – subsequent order for detention in prison – whether imprisonment unlawful – ss 17, 34 Mental Health Act 2007 (NSW)

MENTAL HEALTH – order for transfer to mental health facility – delay in transfer – Mental Health Review Tribunal review required – failure of Director-General and Commissioner to provide reports required as to delay – whether failure to fulfil statutory requirements renders subsequent detention unlawful – ss 55, 58 Mental Health (Forensic Provisions) Act 1990 (NSW)