Jr v The Territory (Mental Health (Act)) and Karina Boyd

[2005] ACTCA 32

JR v THE TERRITORY (MENTAL HEALTH (ACT)) & KARINA BOYD
[2005] ACTCA 32 (10 AUGUST 2005)

EX TEMPORE JUDGMENT

ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

No. ACTCA 25–2005
No. SCA 14 of 2005

Judges:         Gray, Connolly and Spender JJ
Court of Appeal of the Australian Capital Territory
Date:            10 August 2005

IN THE SUPREME COURT OF THE       )          No. ACTCA 25–2005
  )          No. SCA 14 of 2005
AUSTRALIAN CAPITAL TERRITORY    )
  )

COURT OF APPEAL  )

ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN:JR

Appellant

AND:THE TERRITORY (MENTAL HEALTH (ACT))

First Respondent

AND:KARINA BOYD

Second Respondent

ORDER

Judges:  Gray, Connolly and Spender JJ
Date:  10 August 2005
Place:  Canberra

THE COURT ORDERS THAT:

1. The appeal be dismissed.

IN THE SUPREME COURT OF THE       )          No. ACTCA 25-2005
  )          No. SCA 14 of 2005
AUSTRALIAN CAPITAL TERRITORY    )
  )

COURT OF APPEAL  )

ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN:JR

Appellant

AND:THE TERRITORY (MENTAL HEALTH (ACT))

First Respondent

AND:KARINA BOYD

Second Respondent

Judges:  Gray, Connolly and Spender JJ
Date:  10 August 2005
Place:  Canberra

REASONS FOR JUDGMENT

THE COURT:

1. There being no appearance by the appellant, we indicate that we have had regard to the reasons that were given by Crispin J when he dismissed the appeal from the decision of the Mental Health Tribunal.  We find nothing in relation to those reasons that would cause this court any cause for concern.  Indeed those reasons appear to be clearly right.  Also, we have regard to the fact that the only ground of appeal that the appellant raises in this matter is that the decision was a “biased decision”, and there being no other grounds nor any material which could possibly support such an assertion, we dismiss this appeal.

I certify that the preceding numbered paragraph is a true copy of the Reasons for Judgment herein of the Court.

Associate:

Date:          15 August  2005

Counsel for the Appellant:  No appearance
Solicitor for the Appellant:  No appearance
Counsel for the Respondents:  Mr J Sabharwal
Solicitor for the Respondents:  ACT Government Solicitor
Date of hearing:  10 August 2005
Date of judgment:  10 August 2005