Collis v Collis [2013] NSWSC 2022

Supreme Court New South Wales

Medium Neutral Citation: Collis v Collis [2013] NSWSC 2022 Hearing dates: 9 December 2013 Decision date: 09 December 2013 Jurisdiction: Common Law Before: Davies J Decision: 1. An order pursuant to s 86(1)(a) of the NSW Trustee and Guardian Act 2009 revoking a declaration made by Justice McCallum on 26 August 2009 pursuant to s 41(1)(a) of the Act that the Plaintiff is incapable of managing her affairs. 2. An order pursuant to s 86(1)(b) of the Act revoking an order made by Justice McCallum on 26 August 2009 pursuant to s 41 (1)(a) of the Act that the estate of the Plaintiff be subject to management under the Act. 3. An order pursuant to s 86(1)(c) of the Act that the Defendants release to the Plaintiff control of her estate and be discharged as managers of her estate. Catchwords: GUARDIANSHIP - plaintiff injured in motor vehicle accident - plaintiff unable to manage her affairs - order made for managers of plaintiff's estate - improvement in plaintiff's condition - application to revoke earlier declaration an appointment of guardian Legislation Cited: NSW Trustee and Guardian Act 2009 Cases Cited: Pamela Anne Collis bht Elyshia Leanne Collis [2009] NSWSC 852 PY & and RJS [1982] 2 NSWLR 700 Category: Interlocutory applications Parties: Pamela Anne Collis (Plaintiff) Elyshia Leanne Collis (First Respondent) Roderick Storie (Second Respondent) Denis Graham (Third Respondent) Representation: Counsel: P Glissan (Plaintiff) Submitting appearances (First, Second and Third Respondents) Solicitors: Roderick Storie Solicitors (Plaintiff) Submitting appearances (First, Second and Third Respondents) File Number(s): 2009/295291