B v B [2023] NSWSC 1231

Supreme Court New South Wales

Medium Neutral Citation: B v B [2023] NSWSC 1231 Hearing dates: 30 August 2023 Date of orders: 17 October 2023 Decision date: 17 October 2023 Jurisdiction: Equity Before: Lindsay J Decision: 1. ORDER that the fourth defendant be released from the undertakings under challenge by him. 2. ORDER that these proceedings be adjourned to a date after Burwood Local Court's determination of the Apprehended Domestic Violence Order proceedings before it affecting the plaintiff. 3. RESERVE to all interested persons liberty to apply in the meantime in case fresh protective orders are sought. Catchwords: MENTAL HEALTH — Management of estate — Person incapable of managing her affairs – Undertakings by a family member of incapable person designed to regulate conduct of family member vis à vis incapable person – Protective purpose of undertakings spent – Release from undertakings Category: Principal judgment Parties: Plaintiff: The son of the first defendant First Defendant: The widowed mother of the plaintiff and the second and third defendants Second Defendant: A daughter of the first defendant Third Defendant: A daughter of the first defendant Fourth Defendant: The husband of the third defendant Representation: Counsel: Plaintiff: N Kirby First Defendant: In person, formally represented by the NSW Trustee as manager of her protected estate and the Public Guardian as committee of her person Second Defendant: In person, self represented Third Defendant: M Pringle Fourth Defendant: S Habib SC, R Francois and K Morris NSW Trustee: J Gardiner, solicitor of the Office of the NSW Trustee Public Guardian: J Griffiths, solicitor of the Office of the Public Guardian