Williams v Nielssen and Ors [2019] NSWSC 1133

Supreme Court New South Wales

Medium Neutral Citation: Williams v Nielssen and Ors [2019] NSWSC 1133 Hearing dates: 31 August 2019 Date of orders: 31 August 2019 Decision date: 31 August 2019 Jurisdiction: Common Law Before: Hamill J Decision: (1) The summons and supporting evidence be filed and served by Tuesday 3 September 2019. (2) The matter is listed first before the Registrar on Wednesday 4 September 2019 for referral to the Duty Judge. (3) Direct the Registrar of the Supreme Court to arrange for either a telephone link or an AVL link to enable the matter to proceed on Wednesday. (4) Direct those with responsibility for Mr William's custody at the Prince of Wales Hospital to facilitate the transmission of his documentation to the Supreme Court Registry in accordance with the first order (that is, by Tuesday 3 September 2019). (5) Direct that a copy of these orders and this judgment be provided to the nominated defendants and to the people presently in charge of Mr William's custody. (6) Recommend that the staff at the Prince of Wales hospital facilitate that Mr Williams have access to his laptop for the limited purpose of obtaining those documents to allow their transmission to the Supreme Court registry. (7) Otherwise, all interlocutory orders sought are refused. Catchwords: CIVIL LAW – habeas corpus – urgent application – where plaintiff subject to orders under Mental Health Act – involuntary patient – whether appropriate to hear application ex-parte – where plaintiff a barrister – Court constituted on a Saturday evening – other parties not present – application heard by telephone link – technical difficulties – plaintiff present at hospital in presence of nurses – no documentation before court – urgency arising due to threats of harm to plaintiff – extensive history provided – one side of story – irresponsible to make orders – directions made for urgent hearing Legislation Cited: Mental Health Act 2007 (NSW) Supreme Court Act 1970 (NSW) Category: Procedural rulings Parties: Jason (Jay) Williams (plaintiff) Dr Olav Nielssen (first defendant) Prince of Wales Hospital (second defendant) The Minister for Health (third defendant) The State of New South Wales (fourth defendant) New South Wales Bar Association (fifth defendant) Representation: Self-represented (Plaintiff) Defendants not present or legally represented File Number(s): 2019/00272742