Re K, an incapable person in receipt of interim damages awards [2014] NSWSC 1286

Supreme Court New South Wales

Medium Neutral Citation: Re K, an incapable person in receipt of interim damages awards [2014] NSWSC 1286 Hearing dates: On the papers, with written submissions, and a Court-ordered report from the NSW Trustee Decision date: 19 September 2014 Jurisdiction: Equity Division - Protective List Before: Lindsay J (in chambers) Decision: Following the final determination of proceedings in the Common Law Division of the Court, in which a person incapable of managing his affairs made (through a family member acting as his tutor) a claim for damages for the personal injuries that rendered him an incapable person, orders were made in these proceedings (in the Protective List of the Equity Division), after a review of the course of management of the estate of the incapable person, for management of the whole of his estate (under the NSW Trustee and Guardian Act 2009 NSW), confirming in office the protected estate manager (a licensed trustee company) earlier appointed (in related Protective List proceedings) to manage that part of the incapable person's estate comprising the proceeds of an interim award of damages (made under the Civil Procedure Act 2005 NSW, s 82) made in the Common Law proceedings Catchwords: MENTAL HEALTH -Guardians, committees, administrators, managers and receivers - Appointment -Application for appointment of a protected estate manager - Relationship with Common Law compensation proceedings -Interim and final damages awards

PRACTICE - NSW Trustee and Guardian Act - Appointment of estate manager - Relationship with Common Law compensation proceedings where interim damages awarded -Procedure Legislation Cited: Civil Procedure Act 2005 NSW, ss 3(1), 77-79, 81-84 Guardianship Act 1987 NSW Trustee and Guardian Act 2009 NSW, ss 39, 40, 41(1), 64, 77, 79 Uniform Civil Procedure Rules 2005 NSW, rr7.13 - 7.15 Cases Cited: Ability One Financial Management Pty Limited and Anor v JB by his tutor AB [2014] NSWSC 245 at [151]-[153] David by her tutor the Protective Commissioner v David (1993) 30 NSWLR 417 Holt v Protective Commissioner (1993) 31 NSWLR 227 at 237F-238F; 238B-D and 241G-242A In re Walker (A Lunatic So found) [1905] 1 Ch 160 at 170-174 M v M [2013] NSWSC 1495 at [50] (k)-(l) NSW Trustee and Guardian Act, s 39; RL v NSW Trustee and Guardian (2012) 84 NSWLR 263 at 285 [96] Texts Cited: HS Theobald, The Law Relating to Lunacy (Stevens & Sons, London, 1924), pp 380 and 382 PLG Brereton, "Acting for the Incapable - A Delicate Balance" (2012) 35 Australian Bar Review 244 at 245 Category: Principal judgment Parties: Plaintiff: Father of protected person Defendant: K (protected person) Representation: Counsel: Nil Solicitors: Virginia Hart Medical Lawyers (Plaintiff) Defendant not separately represented File Number(s): 2010/413125 2014/00215600