GS v ZS [2022] NSWSC 1068

Supreme Court New South Wales

Medium Neutral Citation: GS v ZS [2022] NSWSC 1068 Hearing dates: 1 August 2022 Date of orders: 1 August 2022 Decision date: 01 August 2022 Jurisdiction: Equity Before: Lindsay J Decision: 1. ORDER, subject to further order, that SL ("the protected person") not be removed from her residence at the xxx Care Facility without the prior written consent of the parties to these proceedings and the NSW Trustee or the prior leave of the Court. 2. ORDER that the amended summons filed on 17 February 2022 otherwise be dismissed. 3. ORDER that the costs of the NSW Trustee be paid out of the estate of the protected person on the indemnity basis. 4. ORDER that no orders for costs otherwise be made. 5. ORDER that the second defendant provide a copy of these orders to: (a) the NSW Trustee; and (b) the xxx Care Facility. 6. ORDER that these orders be entered forthwith. Catchwords: MENTAL HEALTH — Guardianship — Inherent Jurisdiction – Accommodation of incapable person Legislation Cited: Guardianship Act 1987 NSW NSW Trustee and Guardian Act 2009 NSW Supreme Court Act 1970 NSW Category: Principal judgment Parties: Plaintiff: GS First Defendant: ZS Second Defendant: Lifetime Care and Support Authority (a corporation constituted by s33 of the Motor Accidents (Lifetime Care and Support) Act 2006) Interested Party: NSW Trustee Representation: Counsel: Plaintiff: Mr GS (in person) First Defendant: Mr ZS (in person) Second Defendant: Ms T Waterhouse NSW Trustee: Mr J McCarthy, Solicitor, NSW Trustee