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
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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
1 December 2008
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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
Leave judgment - leave granted — sc 72 2008 p and b v crown healthfinancing agency (PDF 12 KB)
Substantive judgment — B AND OTHERS v CROWN HEALTH FINANCING AGENCY SC 72/2008 [17 September 2009] (PDF 199 KB)
Additional Information