Bovaird v Bovaird [2007] NSWSC 146

New South Wales Supreme Court

CITATION : Bovaird v Bovaird [2007] NSWSC 146 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 28/02/07 JUDGMENT OF : Gzell J

EX TEMPORE JUDGMENT DATE : 28 February 2007

DECISION : Application dismissed with costs.

CATCHWORDS : MENTAL HEALTH - Guardians, Committees, Administrators, Managers and Receivers - Application by second defendant before the Guardianship Tribunal for appointment of a financial manager of first defendant - Tribunal also to consider referring the matter to the Supreme Court - Plaintiff, son of first defendant, sought stay of the proceedings before the Tribunal - Lost confidence in Tribunal - Alleged second defendant using proceedings for forensic advantage in other proceedings in the Supreme Court - Whether the seeking of a declaration that the first defendant was incapable of managing her affairs ousted the jurisdiction of the Tribunal under the Guardianship Act 1987, s 25K - Common ground that first defendant incapable of managing her affairs - Whether a real issue in the Supreme Court was required to oust the jurisdiction

LEGISLATION CITED : Guardianship Act 1987

Leon Lewis MacGillivray Bovaird - First Plaintiff Peter Bruce Raupach - Second Plaintiff PARTIES : Monica Catherine Bovaird - First Defendant Diana Catherine Fallon - Second Defendant The Guarianship Tribuanl - Third Defendant

FILE NUMBER(S) : SC 0011/07

Mr R Harper SC - Plaintiffs COUNSEL : Mr M McFadden - First Defendant Mr J Clarke - Second Defendant