Jones and Anor v Booth and Anor [2019] NSWSC 1066

Supreme Court New South Wales

Medium Neutral Citation: Jones and Anor v Booth and Anor [2019] NSWSC 1066 Hearing dates: 7 August 2019 Date of orders: 21 August 2019 Decision date: 21 August 2019 Jurisdiction: Common Law Before: Johnson J Decision: 1. The Amended Summons is dismissed. 2. The parties are to exchange, and provide to Johnson J's Associate, written submissions (not exceeding three pages) on the issue of costs within seven days from today, with the Court to give judgment thereafter on any costs application on the papers and without the need for a further hearing. Catchwords: CIVIL LAW – declaratory relief sought concerning qualifications of a psychologist to furnish a report in support of a s.32 Mental Health (Forensic Provisions) Act 1990 application – where report rejected by Magistrate as it was not a psychiatric report – report later accepted by different Magistrate – application under s.32 later successful – whether live controversy exists for grant of declaratory relief – lack of utility or real interest – Plaintiff seeks advisory opinion without reference to concrete facts – appropriate to make general observations concerning construction and operation of s.32 – no bright line test as to areas where a psychological report can or cannot be received on a s.32 application – application for declaratory relief refused Legislation Cited: Crimes (Domestic and Personal Violence) Act 2007 Crimes Act 1900 Evidence Act 1995 Mental Health (Forensic Provisions) Act 1990 Mental Health Act 2007 Supreme Court Act 1970 Cases Cited: Ainsworth v Criminal Justice Commission (1992) 175 CLR 564; [1992] HCA 10 Aussie Airlines Pty Ltd v Australian Airlines Ltd (1996) 68 FCR 406 Australian Institute of Private Detectives Ltd v Privacy Commissioner (2004) 139 FCR 394; [2004] FCA 1440 Director of Public Prosecutions (NSW) v Saunders [2017] NSWSC 760 Director of Public Prosecutions (NSW) v Sheen [2017] NSWSC 591 Director of Public Prosecutions (NSW) v Soliman [2013] NSWSC 346 Director of Public Prosecutions v El Mawas (2006) 66 NSWLR 93; [2006] NSWCA 154 Director of Public Prosecutions v Wallman [2017] NSWSC 40 Forster v Jododex Australia Pty Limited (1972) 127 CLR 421; [1972] HCA 61 Jung v R [2017] NSWCCA 24 Lam v R [2015] NSWCCA 143 Minister for Immigration and Border Protection v SZSSJ (2016) 259 CLR 180; [2016] HCA 29 Oil Basins Limited v Commonwealth of Australia (1993) 178 CLR 643; [1993] HCA 60, R v Arnold [2004] NSWCCA 294 R v HW [2017] NSWLC 25 R v Peisley (1990) 54 A Crim R 42 R v Petroulias (No. 36) (2008) 73 ATR 83; [2008] NSWSC 626 R v Whitbread (1995) 78 A Crim R 452 Robertson v Director of Public Prosecutions (NSW) [2017] NSWCA 180 WW v R [2012] NSWCCA 165 Texts Cited: --- Category: Principal judgment Parties: Bradley Steven Jones (First Plaintiff) Joseph Perdicaro (Second Plaintiff) Leading Senior Constable Darren Booth (First Defendant) Local Court of New South Wales (Second Defendant) Representation: Counsel: Mr MW Smith (Plaintiffs) Ms S Palaniappan (First Defendant)