Re J [2011] NSWSC 1201

Re J [2011] NSWSC 1201

The requirement that the plaintiff commence and carry on proceedings by tutor should be dispensed with, but the Court must first be satisfied the plaintiff wishes the proceedings to be brought on his behalf. The appropriate course is to make an order for the plaintiff to be brought before the Court for personal examination.

Jurisdiction
Australia
Judgment Date
15 September 2011
Procedural Posture
Appeal / Interlocutory Order
Outcome
Order for plaintiff to be brought before Court for examination pursuant to s 166 Mental Health Act 2007 or inherent jurisdiction.
Legal Topics
['involuntary Detention' 'protective Orders' 'appeals From Mental Health Review Tribunal' 'role of Tutor in Proceedings' 'procedural Requirements Under Mental Health Act 2007']
['mental Health Law' 'equity'] ['involuntary Detention' 'protective Orders' 'appeals From Mental Health Review Tribunal' 'role of Tutor in Proceedings' 'procedural Requirements Under Mental Health Act 2007']

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Procedural Posture

Appeal / Interlocutory Order

Legal Issues

  1. 1 ['Whether plaintiff properly instructed solicitor to commence proceedings' 'Whether requirement for tutor should be dispensed with' 'Whether involuntary detention justified on ground of risk of serious financial harm and lack of financial management order' 'Whether less restrictive care alternatives are appropriate' 'Whether Tribunal addressed issues arising under s 35 and s 44 of Mental Health Act']

Ratio Decidendi

The requirement that the plaintiff commence and carry on proceedings by tutor should be dispensed with, but the Court must first be satisfied the plaintiff wishes the proceedings to be brought on his behalf. The appropriate course is to make an order for the plaintiff to be brought before the Court for personal examination.

Court Disposition

Order for plaintiff to be brought before Court for examination pursuant to s 166 Mental Health Act 2007 or inherent jurisdiction.

Orders

  • ['The plaintiff is to be brought before the Court for examination by the judge.']