Re D (No 2) [2014] NSWSC 724

Supreme Court New South Wales

Medium Neutral Citation: Re D (No 2) [2014] NSWSC 724 Hearing dates: 29/5/2014 Decision date: 04 June 2014 Before: Ball J Decision: Summons be dismissed with no order for costs Catchwords: GUARDIANSHIP - protected person - financial management - application for revocation of management order - whether plaintiff capable of managing financial affairs Legislation Cited: NSW Trustee and Guardian Act 2009 (NSW) Cases Cited: P v R [2003] NSWSC 819 Re D [2012] NSWSC 1006 Y v Protective Commissioner (Supreme Court (NSW), Hodgson J, 8 February 1996, unreported) Category: Principal judgment Parties: D (Plaintiff) NSW Trustee & Guardian (Defendant) Representation: Ms L Ventsov, Solicitor, (Plaintiff) Ms E Barker, Solicitor, (Defendant) Solicitors: City Lawyers and Consultants (Plaintiff) NSW Trustee & Guardian (Defendant) File Number(s): 2013/322396 Publication restriction: None

Judgment

Introduction 1By a summons filed on 25 October 2013, the plaintiff (who for the purpose of these proceedings is to be called "D") seeks a declaration that she is capable of managing her affairs and ancillary orders the effect of which would be to revoke an order made on 1 December 1989 that her affairs be under the management of the Protective Commissioner (now the NSW Trustee & Guardian (NSW Trustee)). This is the third such application by the plaintiff. The first was made on 31 August 1995 and was dismissed by Hodgson J on 8 February 1996. The second was made on 4 April 2012 and was dismissed by White J on 31 August 2012.