Dowdy v Clemson [2021] NSWSC 1273

Supreme Court New South Wales

Medium Neutral Citation: Dowdy v Clemson [2021] NSWSC 1273 Hearing dates: 15 and 16 June 2021 Date of orders: 6 October 2021 Decision date: 06 October 2021 Jurisdiction: Equity - Protective List Before: Lindsay J Decision: (1) Judgment for the plaintiff against the first defendant in the sum of $346,172.48. (2) Order that the plaintiff's claim against the second defendant be dismissed. (3) Order that first defendant pay 95% of the costs of the plaintiff on the ordinary basis. Catchwords: MENTAL HEALTH — Management of estate — Person incapable of managing his affairs — Financial Management – Fiduciary obligations – Liability to account Legislation Cited: Civil Procedure Act 2005 NSW Guardianship Act 1987 NSW NSW Trustee and Guardian Act 2009 NSW Succession Act 2006 NSW Uniform Civil Procedure Rules 2005 NSW Cases Cited: Ability One Financial Management Pty Ltd and Anor v JB by his Tutor AB [2014] NSWSC 245 C v W (No 2) [2016] NSWSC 945 Chan v Zacharia (1984) 154 CLR 178 Clay v Clay (2001) 202 CLR 410 Countess of Bective v Federal Commissioner of Taxation (1932) 47 CLR 417 Downie v Langham [2017] NSWSC 113 JJK v APK (1986) Aust Torts Reports 80-042 Secretary, Department of Health and Community Services v JWB and SMB (Marion's Case) (1992) 175 CLR 218 Warman International Ltd v Dwyer (1995) 182 CLR 544 Woodward v Woodward [2015] NSWSC 1793 Texts Cited: Sir Henry Studdy Theobald, Law Relating to Lunacy (Stevens & Sons, London, 1924) Category: Principal judgment Parties: Plaintiff: Mark Thomas Dowdy by his tutor the NSW Trustee First Defendant: Jennifer Joy Dowdy (also known as Jennifer Julie Dowdy and Jennifer Joy Clemson) Second Defendant: Peter John Clemson Representation: Counsel: Plaintiff: H Morrison First Defendant: in person Second Defendant: in person