Dale Haines by his litigation guardian Barbara Ramjan v. Attorney General of NSW

Lower Court Judgment

20/11/2025 Supreme Court of New South Wales (Court of Appeal) (Adamson JA, McHugh JA, Ball JA)

[2025] NSWCA 248

Catchwords

Mental Health Law – forensic patients – extension and interim extension orders – means to manage risk of person causing serious harm to others – construction and application of Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) – whether power under s 130  to make an interim extension order can be exercised in respect of an appeal from refusal to make an extension order – whether under s 122(1)(b)  Supreme Court restricted to only the less restrictive means of managing any extant risk of causing serious harm to others