B and others  v Crown Health Financing Agency - SC 72/2008

Media releases

Summary

Civil Appeal – Mental Health – Treatment – Statutory Interpretation – Whether Court of Appeal erred in holding all informal patients in psychiatric hospitals were within leave and immunity provisions contained in s 6 of the Mental Health Act 1935 and s 124 of the Mental Health Act 1969 (“leave and immunity provisions”) – Whether, alternatively, Court of Appeal erred in holding leave and immunity provisions apply to all informal patients after 1 April 1972.[2008] NZCA 362 CA 173/07 16 September 2008

Result

Application for leave to appeal granted.
1 December 2008
___________________________
Appeal allowed. Proceedings that were before the Court of Appeal referred back to High Court. Costs $15,000 to appellant, together with reasonable disbursements.
17 September 2009

Related Documents

Additional Information

Hearing date : 2 April 2009