Harb v Stapleton and Ors [2003] NSWSC 650

The Apprehended Violence Orders and the order for detention were validly made under the Crimes Act 1900 (NSW) and Mental Health (Criminal Procedure) Act 1990 (NSW). The plaintiff's claims lacked merit as any errors or formal defects in orders were not sufficient to render them invalid, and relief was refused as there was no arguable case or evidence supporting the plaintiff's contentions.

Parties: Plaintiff: Raymond George Harb; First Defendant: Lisa Veronica Stapleton; Second Defendant: Attorney General for the State of New South Wales; Defendant: Carmel Forbes
Jurisdiction: Australia
Judgment Date: 23 July 2003
Procedural Posture: Judicial Review / Final Hearing and Judgment
Outcome: Summons dismissed; costs awarded to defendants
Legal Topics: Apprehended Violence Orders, Judicial Review, Detention Orders, Costs

Administrative Law Criminal Law Mental Health Law Apprehended Violence Orders Judicial Review Detention Orders Costs

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Parties

Raymond George Harb

Plaintiff

Lisa Veronica Stapleton

First Defendant

Attorney General for the State of New South Wales

Second Defendant

Carmel Forbes

Defendant

Procedural Posture

Judicial Review / Final Hearing and Judgment

Legal Issues

1 Whether Apprehended Violence Orders were validly issued
2 Whether the order for detention under the Mental Health (Criminal Procedure) Act was valid
3 Whether magistrates should be restrained from issuing such orders

Ratio Decidendi

Court Disposition

Summons dismissed; costs awarded to defendants

Orders

That Carmel Forbes be joined as a party to these proceedings pursuant to Part 8 r 8 of the Supreme Court Rules 1970;
That the summons be dismissed;