Re L [2000] NSWSC 721

New South Wales Supreme Court

CITATION : Re L [2000] NSWSC 721 CURRENT JURISDICTION: Equity Division Protective List FILE NUMBER(S) : SC 47/2000 HEARING DATE(S) : 11/07/2000 JUDGMENT DATE : 11 July 2000

PARTIES : The names of parties are suppressed in cases in the Protective List JUDGMENT OF : Young J

COUNSEL : Considered in Private Chambers on the papers SOLICITORS : C Poulden (P) CATCHWORDS : MENTAL HEALTH [3]- Manager- Appointment- What private managers need to demonstrate. DECISION :

THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION PROTECTIVE LIST YOUNG J Tuesday 11 July 2000

47/2000 - RE L

JUDGMENT

1 HIS HONOUR: L is a single woman currently aged 38. She sustained severe injuries as a result of a motor vehicle accident on 12 July 1997. In due course she settled her claim and received a net sum of $990,000. The settlement was made on 16 March 2000 and on that day the disability pension which L was receiving ceased. 2 The evidence is that L will not be able to claim social security again until 23 July 2021. 3 The settlement funds are currently held in a holding account with the Protective Commissioner. 4 The plaintiff, who is L's father, seeks a declaration that she is incapable of managing her own affairs. On the evidence that declaration must be made. However, the plaintiff also seeks an order that he and an accountant be appointed joint managers of L's funds. 5 I have now twice declined to make this order. It has been impressed on the Court that L has no funds currently flowing to her and that urgency is required to have the order made so that funds can start flowing. As to this I would say three things:

(1) the summons was only filed on 5 June 2000, almost three months after the verdict (normally one would expect people to have this sort of application prepared and ready to make even before the verdict is handed down);