BATTACHARYA v MEDICAL SUPERINTENDENT NEPEAN HOSPITAL [1994] NSWCA 19
In the circumstances and in the absence of evidence that compulsory treatment has occurred since detention began, it is appropriate to continue the existing restraint until the motion for continuation can be properly prepared and presented.
- Parties
- Claimant: Battacharya; Opponent: Medical Superintendent Nepean Hospital
- Jurisdiction
- Australia
- Judgment Date
- 24 May 1994
- Procedural Posture
- Appeal / Interlocutory Application for Injunction Pending Appeal
- Outcome
- Interlocutory injunction continued until further hearing; motion adjourned.
- Legal Topics
- Interlocutory Injunction, Detention Under Mental Health Act 1990, Compulsory Medical Treatment
Case Brief
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Parties
Battacharya
Claimant
Medical Superintendent Nepean Hospital
Opponent
Procedural Posture
Appeal / Interlocutory Application for Injunction Pending Appeal
Legal Issues
- 1 Whether an interlocutory injunction should be granted to restrain compulsory administration of Fluphenazine to the claimant pending appeal
Ratio Decidendi
In the circumstances and in the absence of evidence that compulsory treatment has occurred since detention began, it is appropriate to continue the existing restraint until the motion for continuation can be properly prepared and presented.
Court Disposition
Interlocutory injunction continued until further hearing; motion adjourned.
Orders
- Notice of motion adjourned to Monday 6 June next.
- Medical Superintendent of Nepean Hospital restrained from administering Fluphenazine to the claimant without written consent until further order.
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