Yu Chun Zhong v Royal Melbourne Hospital

[2014] HCASL 9

YU CHUN ZHONG

v

ROYAL MELBOURNE HOSPITAL & ORS

[2014] HCASL 9
M112/2013

1. The applicant seeks special leave to appeal against orders made by the Court of Appeal of the Supreme Court of Victoria, refusing the applicant leave to appeal from an interlocutory ruling below.

2. The applicant commenced proceedings against the first and second respondents and the Mental Health Review Board ("the Board"), seeking damages arising out of a decision of the Board which confirmed an involuntary treatment order made in respect of the applicant. 

3. By summons filed on 29 October 2012, the Board sought an order that the proceedings be dismissed on the ground that the applicant's claim was covered by the immunity from suit conferred on a member of the Board under s 130A(1) of the Mental Health Act 1986 (Vic).

4. On 26 April 2013, the County Court of Victoria (Judge Saccardo) held that the third, fourth and fifth respondents, substituted parties who were individual members of the Board, were immune from suit pursuant to s 130A(1). The primary judge dismissed the applicant's claim against the third, fourth and fifth respondents. The Court of Appeal (Hansen and Tate JJA) refused the applicant leave to appeal from that decision.

5. As the applicant does not have legal representation, the application falls to be dealt with under r 41.10 of the High Court Rules 2004.

6. We see no reason to doubt the correctness of the conclusions reached by the Court of Appeal.  An appeal to this Court would not enjoy sufficient prospects of success to warrant a grant of special leave to appeal.

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

K.M. Hayne
12 February 2014 S.M. Crennan