Re R [2014] NSWSC 1810

Supreme Court New South Wales

Medium Neutral Citation: Re R [2014] NSWSC 1810 Hearing dates: 10, 11 and 12 June 2014 Decision date: 19 December 2014 Jurisdiction: Equity Division - Protective List Before: White J Decision: Refer to para [106] of judgment Catchwords: MENTAL HEALTH - management and administration of property - general matters - financial management - NSW Trustee and Guardian Act 2009 (NSW) s 86 - application for revocation of financial management order - whether circumstances of case warrant revocation - whether test of capacity to manage one's affairs involves consideration of subjective circumstances of individual in question or objective assessment of ability to deal competently with "ordinary routine affairs of man" - held test involves consideration of subjective circumstances - application granted Legislation Cited: Protected Estates Act 1983 (NSW) NSW Trustee and Guardian Act 2009 (NSW) Mental Health Act 1958 (NSW) Cases Cited: Re C (TH) and the Protected Estates Act [1999] NSWSC 456 H v H (Supreme Court of New South Wales, Young J, 20 March 2000, unreported) In the matter of Case (1915) 214 NY 199 PY v RJS [1982] 2 NSWLR 700 Re D [2012] NSWSC 1006 P v R [2003] NSWSC 819 PB v BB [2013] NSWSC 1223 M and the Protected Estates Act 1983 (1988) 12 NSWLR 96 Re C [2012] NSWSC 1097 Category: Principal judgment Parties: R (Plaintiff) NSW Trustee and Guardian (Defendant) Representation: Counsel: N Kirby (Plaintiff) S Balafoutis with R Clark (Defendant) Solicitors: Otto Stichter & Associates (Plaintiff) NSW Trustee & Guardian (Defendant) File Number(s): 2012/338029