Douglas v Douglas [2004] NSWSC 279

New South Wales Supreme Court

CITATION : Douglas v Douglas [2004] NSWSC 279 HEARING DATE(S) : 12/09/03 JUDGMENT DATE : 12 September 2003

JUDGMENT OF : Dowd J at 1 DECISION : Application to seek declaration under the Property (Relationships) Act 1984 dismissed - service of notice of motion on the plaintiff under Pt 63 r 7(1)(A) SCR dispensed with - tutor appointed for purposes of proceedings.

CATCHWORDS : Appointment of tutor - allegation of conflict of interest - appropriateness of appointment Conveyancing Act 1919 LEGISLATION CITED : Property (Relationships) Act 1984 Protected Estates Act 1983 Supreme Court Rules 1970 CASES CITED : Holt v Protective Commissioner (1993) 31 NSWLR 227 PARTIES : Thora Ruth Douglas Mary Douglas FILE NUMBER(S) : SC 010740/02 COUNSEL : J D Smith (Applicant) P M Friedlander (Respondent) SOLICITORS : Hamer & Hamer Solicitors (Plaintiff) Wight & Strickland (Defendant)

- 6 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

DOWD J

Friday 12 September 2003

010740/02 THORA RUTH DOUGLAS v MARY DOUGLAS

JUDGMENT 1 HIS HONOUR: This is an application under Pt 63 SCR for an order that in proceedings by way of Statement of Claim by Thora Ruth Douglas seeking an order for possession of residential premises in Mosman against her daughter, Mary Douglas, that Godfrey Douglas be appointed tutor for the plaintiff for the purposes of the proceedings. 2 The plaintiff is the owner of premises known as 25 Beauty Point Rd, Mosman which is designed so that it in fact has two separate areas of habitation, one of which was formerly occupied by the plaintiff, the other which is now occupied by the defendant. 3 The proceedings were commenced on 18 March 2002. To these proceedings a defence and cross-claim have been filed, the cross-claim naming the plaintiff as cross-defendant. The cross-claim is a claim under the Property (Relationships) Act 1984 which seeks a declaration that the defendant has a possessory interest in the property by virtue of that Act and seeks an order that the cross-claimant have possession of the property. The plaintiff is advanced in years and is now in a nursing home.