New South Wales Crime Commission v Grimes [2022] NSWSC 163

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v Grimes [2022] NSWSC 163 Hearing dates: 24 February 2022 Date of orders: 24 February 2022 Decision date: 24 February 2022 Jurisdiction: Common Law Before: Harrison J Decision: (1) Grant leave to the first defendant to move the Court by oral application made today for the removal of Peter Thompson as his tutor. (2) To the extent necessary, dispense with service of notice of that application upon any other party to the proceedings and the tutor. (3) Order that Peter Thompson be removed forthwith as tutor of the first defendant. (4) Reserve costs of this application. (5) Stand the proceedings over for directions before the Registrar on 10 March 2022. (6) Grant liberty to all parties if so advised to apply on 48 hours' notice to my Associate. (7) Dispense with the requirement that Mr Rodgers give notice to the tutor of his intention to file a notice of ceasing to act as his solicitor. Catchwords: REMOVAL OF TUTOR – whether first defendant's tutor regularly appointed – whether evidence to support first defendant's legal incapacity or inability to manage his affairs – whether tutor should be removed Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 7.18 Cases Cited: Grimes v New South Wales Crime Commission [2021] NSWCA 238 Category: Procedural rulings Parties: New South Wales Crime Commission (Plaintiff) Gerard Kevin Grimes (First Defendant) Trent Andrew Grimes (Second Defendant) Peter Thompson (Tutor) Representation: Counsel: R Bhalla (Plaintiff)