Northern Sydney Local Health District v SM [2018] NSWCA 268

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Northern Sydney Local Health District v SM [2018] NSWCA 268 Hearing dates: 5 November 2018 Decision date: 05 November 2018 Before: White JA Decision: 1. Order that the notice of appeal filed on 23 August 2018 be dismissed as incompetent.

2. Order that the respondent to the notice of motion pay the applicant's costs of the notice of motion filed 24 September 2018. Catchwords: CIVIL PROCEDURE – Application to dismiss appeal as incompetent – Where SM was detained under Mental Health Act 2007 (NSW) – Where primary judge held that SM was a mentally ill person and that no care of a less restrictive kind was appropriate – Whether appeal involves a civil right amounting to or of the value of $100,000 or more – Mental Health Act 2007 (NSW) – Appeal dismissed as incompetent Legislation Cited: Mental Health Act 2007 (NSW), ss 35, 166 Supreme Court Act 1970 (NSW), ss 46, 101

Uniform Civil Procedure Rules 2005 (NSW), r 51.41 Cases Cited: Clyne v New South Wales Bar Association (1960) 104 CLR 186 GKD v Director-General [2012] NSWCA 219 Oertel v Crocker (1947) 75 CLR 261 Re DG and the Adoption Act 2000 [2007] NSWCA 241; (2007) 244 ALR 195 Re Felicity [2012] NSWCA 272 SM v Northern Sydney Local Health District [2018] NSWSC 1274 Category: Procedural and other rulings Parties: Northern Sydney Local Health District (Applicant) SM (Respondent) Representation: Counsel: S A Woods (Applicant) Self-Represented (Respondent)