K v St Vincent’s Hospital Sydney Limited [2020] NSWSC 742

K v St Vincent’s Hospital Sydney Limited [2020] NSWSC 742

In absence of a properly pleaded and particularised cause of action against the Tribunal Members, and no demonstrated necessity for their joinder in an appeal proceeding heard de novo, the Tribunal Members were improperly or unnecessarily joined and should be removed as parties. Such removal is without prejudice to the plaintiff seeking leave to file a statement of claim with appropriate pleadings if grounds emerge.

Parties
Plaintiff: K; First Defendant: St Vincent's Hospital Sydney Limited; Third Defendant: Member Catherine Carney; Fourth Defendant: Member James Greenwood; Fifth Defendant: Member Corrine Henderson; Sixth Defendant: Dr Benjamin Williams; Seventh Defendant: Dr Matthew Cullen
Jurisdiction
Australia
Judgment Date
16 June 2020
Procedural Posture
Application for Leave to Appeal (equity Proceedings) / Interlocutory (removal of Parties Prior to Substantive Hearing of Appeal)
Outcome
Third, fourth and fifth defendants removed as parties; no order as to costs of the notice of motion; matter remitted to Registrar for directions.
Legal Topics
Appeals Against Mental Health Review Tribunal, Civil Procedure—removal of Parties, Statutory Appeals, Judicial Immunity, Self Represented Litigants—costs
Mental Health Law Civil Procedure Appeals Against Mental Health Review Tribunal Civil Procedure—removal of Parties Statutory Appeals Judicial Immunity Self Represented Litigants—costs

Case Brief

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Parties

K

Plaintiff

St Vincent's Hospital Sydney Limited

First Defendant

Member Catherine Carney

Third Defendant

Member James Greenwood

Fourth Defendant

Member Corrine Henderson

Fifth Defendant

Dr Benjamin Williams

Sixth Defendant

Dr Matthew Cullen

Seventh Defendant

Procedural Posture

Application for Leave to Appeal (equity Proceedings) / Interlocutory (removal of Parties Prior to Substantive Hearing of Appeal)

Legal Issues

  1. 1 Whether third, fourth and fifth defendants (Tribunal Members) should be removed as parties to the proceedings under r 6.29 of the Uniform Civil Procedure Rules 2005 (NSW)
  2. 2 Whether Tribunal Members are necessary or proper parties to a de novo appeal under the Mental Health Act 2007 (NSW)
  3. 3 Whether allegations against Tribunal Members are sufficiently particularised to justify their joinder

Ratio Decidendi

In absence of a properly pleaded and particularised cause of action against the Tribunal Members, and no demonstrated necessity for their joinder in an appeal proceeding heard de novo, the Tribunal Members were improperly or unnecessarily joined and should be removed as parties. Such removal is without prejudice to the plaintiff seeking leave to file a statement of claim with appropriate pleadings if grounds emerge.

Court Disposition

Third, fourth and fifth defendants removed as parties; no order as to costs of the notice of motion; matter remitted to Registrar for directions.

Orders

  • Pursuant to r 6.29 of the Uniform Civil Procedure Rules 2005 (NSW) order that the third, fourth and fifth defendants respectively in the plaintiff's Amended Summons Seeking Leave to Appeal filed on 15 May 2020, be removed as parties to the proceedings without prejudice to any application that the plaintiff may wish...
  • There be no order as to the costs of the notice of motion filed by the second to fifth defendants on 22 May 2020.