CMB v Mental Health Tribunal (No 2)

CMB sought judicial review of a decision of the Mental Health Tribunal. The applicant, CMB, was a patient detained in a psychiatric hospital. The Mental Health Tribunal had made orders for CMB's continued detention. CMB sought to challenge these orders, arguing that the Tribunal had failed to provide procedural fairness. The proceeding was heard in the Supreme Court of Victoria.

The primary legal issue before the Court was whether CMB, as the successful party in the judicial review, should be deprived of her costs. This question turned on the nature of the proceeding and whether it was brought in the public interest or involved a public duty, which might justify departing from the usual rule that costs follow the event.

The Court reasoned that while the proceeding concerned the liberty of an individual, which is a matter of significant public importance, the application was fundamentally a challenge to the specific decision of the Tribunal concerning CMB's detention. It was not a proceeding brought solely in the public interest or to clarify a general public duty. The Court noted that the applicant had sought to vindicate her personal rights. Therefore, the Court concluded that there was no basis to depart from the general rule that the successful party should be awarded costs.

The Court ordered that CMB was entitled to her costs of the proceeding, to be taxed if not agreed.