MORICE v VORHAUER [1989] NSWCA 149

MORICE v VORHAUER [1989] NSWCA 149

There is no statutory basis authorising an appeal to the Court of Appeal from a magistrate’s order under s12(9)(a) of the Mental Health Act 1958; therefore, the appeal is incompetent and must be dismissed.

Parties
Appellant: Florence Amelia Vorhauer; Respondent: Morice
Jurisdiction
Australia
Judgment Date
18 September 1989
Procedural Posture
Appeal / Motion to Dismiss Appeal as Incompetent
Outcome
appeal dismissed as incompetent
Legal Topics
Appeals, Jurisdiction, Mental Health Detention
Mental Health Law Civil Procedure Appeals Jurisdiction Mental Health Detention

Case Brief

Summary, issues, holding and outcome

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Parties

Florence Amelia Vorhauer

Appellant

Morice

Respondent

Procedural Posture

Appeal / Motion to Dismiss Appeal as Incompetent

Legal Issues

  1. 1 Whether the Supreme Court of New South Wales Court of Appeal has jurisdiction to entertain an appeal from a magistrate's order made under s12(9)(a) of the Mental Health Act 1958

Ratio Decidendi

There is no statutory basis authorising an appeal to the Court of Appeal from a magistrate’s order under s12(9)(a) of the Mental Health Act 1958; therefore, the appeal is incompetent and must be dismissed.

Court Disposition

appeal dismissed as incompetent

Orders

  • The appeal filed by Florence Amelia Vorhauer is dismissed as incompetent.
  • Florence Amelia Vorhauer is to pay the costs of the motion and of the appeal.