ZLF v South Western Sydney Local Health District [2019] NSWSC 1016

ZLF v South Western Sydney Local Health District [2019] NSWSC 1016

The injunction was dissolved because KRF did not wish to proceed with the application and no appeal from the Mental Health Review Tribunal decision would be made; in any event, the treating psychiatrist's evidence established that continuing ECT was in ZLF's best interests and that the risk to her health from not implementing the Tribunal's decision was significant.

Jurisdiction
Australia
Judgment Date
06 August 2019
Procedural Posture
Equity; Application for Interlocutory Injunction Restraining Electroconvulsive Therapy / Return Date of Urgent Ex Parte Interlocutory Injunction Granted on 4 August 2019
Outcome
Injunction dissolved. No costs order made.
Legal Topics
['injunctions' 'electroconvulsive Therapy' 'mental Health Review Tribunal Determinations' 'involuntary Patient' 'parens Patriae Jurisdiction' 'appeal From Mental Health Review Tribunal']
['equity' 'mental Health Law' 'civil Procedure'] ['injunctions' 'electroconvulsive Therapy' 'mental Health Review Tribunal Determinations' 'involuntary Patient' 'parens Patriae Jurisdiction' 'appeal From Mental Health Review Tribunal']

Case Brief

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Procedural Posture

Equity; Application for Interlocutory Injunction Restraining Electroconvulsive Therapy / Return Date of Urgent Ex Parte Interlocutory Injunction Granted on 4 August 2019

Legal Issues

  1. 1 ['Whether the interlocutory injunction restraining the Defendant from administering electroconvulsive therapy to ZLF should continue.' "Whether the therapy should be allowed to continue in accordance with the Mental Health Review Tribunal's determination authorising up to 12 treatments."]

Ratio Decidendi

The injunction was dissolved because KRF did not wish to proceed with the application and no appeal from the Mental Health Review Tribunal decision would be made; in any event, the treating psychiatrist's evidence established that continuing ECT was in ZLF's best interests and that the risk to her health from not implementing the Tribunal's decision was significant.

Court Disposition

Injunction dissolved. No costs order made.

Orders

  • ['The injunction granted by Lindsay J on 4 August 2019 was dissolved.' 'No order as to the costs of either party, to the intent that each will bear her, or its, own costs.']