KJ v SJ [2020] NSWSC 932

Supreme Court New South Wales

Medium Neutral Citation: KJ v SJ [2020] NSWSC 932 Hearing dates: 6, 7, 8 and 9 July 2020 Date of orders: 23 July 2020 Decision date: 23 July 2020 Jurisdiction: Equity - Protective List Before: Williams J Decision: Application pursuant to s 86 of the NSW Trustee and Guardian Act 2009 (NSW) ("the Act") for the revocation of a declaration that the applicant is incapable of managing her own affairs and of orders that the applicant's estate be subject to management under the Act is dismissed. Catchwords: GUARDIANSHIP – protected person – application pursuant to s 86 of the NSW Trustee and Guardian Act 2009 (NSW) ("the Act") for revocation of a declaration made that the applicant is incapable of managing her affairs and of orders that the applicant's estate be subject to management under the Act – where applicant suffered a traumatic brain injury in an accident as a child – where applicant received a significant sum of money in a settlement of legal proceedings commenced following the accident – where applicant is presently married, works part–time and is the primary carer of three children – where memory and insight following the accident is and continues to be poor – where applicant suffers from executive dysfunction – where applicant experiences difficulty in managing household and personal finances – application dismissed Legislation Cited: Civil Procedure Act 2005 (NSW), ss 3 and 14 Corporations Act 2001 (Cth), s 601WBA NSW Trustee and Guardian Act 2009 (NSW) ss 38, 39, 41 and 86 Uniform Civil Procedure Rules 2005 (NSW) rr 7.13, 7.15 and 7.16 Cases Cited: CJ v AJK [2015] NSWSC 498 IA v TA [2016] NSWCA 179 P v NSW Trustee and Guardian [2015] NSWSC 579 Re D [2012] NSWSC 1006 Re R [2014] NSWSC 1810 Re X [2016] NSWSC 275 Category: Principal judgment Parties: KJ (Plaintiff/First Respondent) SJ (Defendant/Applicant) The Trust Company (Australia) Ltd (Second Respondent) NSW Trustee and Guardian (Third Respondent) Perpetual Trustee Company Ltd (Fourth Respondent) Representation: Counsel: Mr C Hickey (Plaintiff/First Respondent) Mr J A Dalzell AM (Defendant/Applicant) Mr M K Meek SC (Second and Fourth Respondent) Ms J Brouwer, solicitor (Third Respondent)