Re KA [2020] NSWSC 1696

Supreme Court New South Wales

Medium Neutral Citation: Re KA [2020] NSWSC 1696 Hearing dates: 30 October and 18 November 2020 Date of orders: 18 November 2020 Decision date: 27 November 2020 Jurisdiction: Equity - Protective List Before: Lindsay J Decision: Interlocutory orders (including an order for the appointment of the NSW Trustee as receiver and manager of a trust fund) designed to facilitate an independent medical examination of a vulnerable person, and the attendance upon her of an official visitor, for the provision of reports to the Court about her capacity for self-management, and self-expression, in circumstances in which (contrary to a case advanced to NCAT at the time a financial management order affecting her was discharged) she was relocated from her home to a distant suburb, with the intention that access to her be restricted. Catchwords: PROTECTIVE JURISDICTION – Management of the affairs (person and property) of a vulnerable person – Interlocutory orders designed to facilitate independent medical examination and a visitor's report to Court. Legislation Cited: NSW Trustee and Guardian Act 2009 NSW Guardianship Act 1987 NSW. Supreme Court Rules 1970 NSW Uniform Civil Procedure Rules 2005 NSW NSW Trustee and Guardian Act 2009 NSW Cases Cited: Angliss v Urquhart [2001] NSWCA 441 Holt v Protective Commissioner (1993) 31 NSWLR 227 In re WM (a person alleged to be of unsound mind) (1903) 3 SR (NSW) 552 Secretary, Department of Health and Community Services v JWB and SMB (Marion's Case) (1992) 175 CLR 128 Texts Cited: - Category: Procedural and other rulings Parties: Plaintiff: SR First Defendant: MD Second Defendant: DP Third Defendant: TM Fourth Defendant: NT Fifth Defendant: KA Representation: Counsel: Plaintiff: M Pringle First to Fourth Defendants: L Ellison SC and S Milanovic Fifth Defendant: (Provisionally) L Ellison SC and S Milanovic NSW Trustee: J Brouwer, Solicitor