The Application of VS [2011] NSWSC 47

Supreme Court New South Wales

Medium Neutral Citation: The Application of VS [2011] NSWSC 47 Hearing dates: 7 February 2011 Decision date: 15 February 2011 Jurisdiction: Equity Division - Protective List Before: Hallen AsJ Decision: 1. Declare that VS is capable of managing her affairs. 2. Order that the amount held by the NSW Trustee and Guardian, on behalf of VS, be paid to her, or as she directs, within 21 days, or such other time as VS and the NSW Trustee and Guardian agree, and that the property, situated at Mount Pritchard purchased on behalf of VS, be transferred to her by the NSW Trustee and Guardian as soon as is reasonably convenient. 3. Order that, within 21 days of completion by the NSW Trustee and Guardian of the transfer and registration of the transfer of the Mount Pritchard property to VS, or within such other time as VS and the NSW Trustee and Guardian agree, that the NSW Trustee and Guardian make available the certificate of title of the Mount Pritchard property to VS. 4. Reserve further consideration to either VS, or to the NSW Trustee and Guardian, in the event that there are any difficulties with complying with these orders. Catchwords: Trusts - Orders made in District Court proceedings for supervision of damages, because tutor appointed in those proceedings

Deed of Trust entered into with Public Trustee

No declaration made that Plaintiff incapable of managing her affairs

Plaintiff now seeks declaration that she is capable of managing her affairs and that the balance of the fund and real estate purchased on her behalf be paid, or transferred to her Legislation Cited: Civil Procedure Act 2005 Damages (Infants and Persons of Unsound Mind) Act 1929 District Court Rules 1973 Guardianship Act 1987 Lunacy Act 1898 Mental Health Act 1958 NSW Trustee and Guardian Act 2009 Protected Estates Act 1983 (NSW) Public Trustee Act 1913 Cases Cited: Cadwallender v The Public Trustee [2003] WASC 72 Laurenson v Plain [1974] 2 NSWLR 312 Lim v Nominal Defendant (Supreme Court of New South Wales, 27 June 1997, unreported) OM v MN [2008] NSWSC 36 PY v RJS [1982] 2 NSWLR 700 Re C (TH) and the Protected Estates Act [1999] NSWSC 456 Re GHI (a Protected Person) [2005] NSWSC 581 Todorovic v Waller (1981) 150 CLR 402 Walker v The Public Trustee [2001] NSWSC 1133 Category: Principal judgment Parties: VS (Applicant) NSW Trustee & Guardian Representation: Counsel: Mr I.M. Newbrun (Plaintiff) No other appearance File Number(s): P46/2000