ZLF v South Western Sydney Local Health District [2019] NSWSC 1016

Supreme Court New South Wales

Medium Neutral Citation: ZLF v South Western Sydney Local Health District [2019] NSWSC 1016 Hearing dates: 6 August 2019 Date of orders: 06 August 2019 Decision date: 06 August 2019 Jurisdiction: Equity Before: Hallen J Decision: Injunction dissolved. No costs order made Catchwords: EQUITY – Equitable remedies – Injunctions – Plaintiff suffers from chronic treatment resistant schizophrenia – Mental Health Review Tribunal authorised the Plaintiff to undergo a course of electroconvulsive therapy – Plaintiff has undergone 3 of 12 authorised therapy sessions – Plaintiff, by her father, complained that she should not have to undergo the further treatment – Plaintiff, by her father obtained a short term ex parte injunction to suspend the therapy – No appeal against the decision of the Mental Health Review Tribunal lodged – Whether the injunction should be extended or whether the therapy should be allowed to continue in accordance with the decision of the Mental Health Review Tribunal Legislation Cited: Civil Procedure Act 2005 (NSW) Mental Health Act 2007 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: A Duty List Plaintiff v A Local Mental Health Service [2018] NSWSC 96 A Duty List Plaintiff v A Local Mental Health Service (No. 2) [2019] NSWSC 872 SMF v South Western Sydney Local Health District [2018] NSWSC 303 ZLE v ZLF [2019] NSWCATAP 183 Category: Principal judgment Parties: ZLF (Plaintiff) KRF (Plaintiff's father) South Western Sydney Local Health District (Defendant) Representation: Counsel: Mr D Birch (Defendant)