Shane McWhinney v Melbourne Health

[2013] HCASL 180

SHANE MCWHINNEY

v

MELBOURNE HEALTH

[2013] HCASL 180

M79/2013

1. The applicant has suffered, at least since 1995, from Bipolar I Disorder with a differential diagnosis of Schizoaffective Disorder.  In 2006 he was assessed by medical staff employed by Melbourne Health as meeting the criteria for involuntary admission to a health service.  In the course of his treatment as an involuntary patient he was administered the anti-psychotic drug Acuphase. 

2. In November 2007 the applicant commenced proceedings in the County Court of Victoria against Melbourne Health claiming, inter alia, that it had unlawfully detained him, negligently assessed him as meeting the criteria for involuntary treatment and negligently administered Acuphase to him.

3. Following a trial lasting 12 days, Judge Saccardo dismissed the applicant's claim.  The Court of Appeal (Ashley and Osborn JJA and Macaulay AJA) dismissed an appeal from the making of that order.

4. The applicant applies for special leave to appeal on grounds which are predicated upon the contention that the Court of Appeal exhibited apprehended bias.  That apprehension is said to be an inference from the Court's factual findings and its refusal to admit fresh evidence relating to "the very serious issue of state sponsored stalking".  There is no merit to any of the proposed grounds.  There is no reason to doubt the correctness of the decision below.

5. If special leave to appeal were granted the appeal would have no prospect of success.

6. The application is dismissed.

7. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application. 

V.M. Bell
3 December 2013 S.J. Gageler