NSW Caselaw
New South Wales Supreme Court
CITATION : Re GHI (a protected person) [2005] NSWSC 581
HEARING DATE(S) : 10/5/05-13/5/05 & 1/6/05
JUDGMENT DATE : 27 June 2005
Equity JURISDICTION : Protective List
JUDGMENT OF : Campbell J
DECISION : Order not made
CATCHWORDS : MENTAL HEALTH - declaration or finding of incapacity - application for revocation of order for management of estate of plaintiff - meaning of "capable of managing his or her own affairs" - what count as "affairs" - relevance of willingness to take advice to capacity to manage own affairs - relevance of vulnerability to exploitation to capacity to manage own affairs - onus of proof - standard of proof - types of matters appropriate to take into account in deciding whether standard of proof has been met - whether any discretion exists concerning making of an order
Evidence Act 1995 Mental Health Act 1958 LEGISLATION CITED : Protected Estates Act 1983 Social Security Act 1991 (Cth)
Re C (TH) and the Protected Estates Act [1999] NSWSC 456 CF v TCML [1983] 1 NSWLR 138 DML v LMR (Powell J 20 June 1991 unreported) BC9101874 EMG v Guardianship and Administration Board of Victoria [1999] NSWSC 501 G v G (No 2) (Powell J, 7 February 1989, unreported) BC 8902591 H v H (Young J, 20 March 2000, unreported) CASES CITED : M and the Protected Estates Act 1983 (1988) 12 NSWLR 96 McD v McD [1983] 3 NSWLR 81 N v N (Hodgson J, 13 March 1997, unreported) NSW Crime Commission v Murchie [2000] NSWSC 591; (2000) 49 NSWLR 465 PY v RJS [1982] 2 NSWLR 700 P v R [2003] NSWSC 819
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