A v A [2015] NSWSC 1778

Supreme Court New South Wales

Medium Neutral Citation: A v A [2015] NSWSC 1778 Hearing dates: 16 November 2015 Date of orders: 27 November 2015 Decision date: 27 November 2015 Jurisdiction: Equity - Protective List Before: Lindsay J Decision: (1) Order that an Application to revoke a protected estate management order and a tutorship order be dismissed.

(2) Order that no orders as to costs of compensation proceedings (in which the NSW Trustee acts as tutor for the applicant, an incapable person) be enforced against the NSW Trustee without the leave of this Court. Catchwords: PROTECTIVE JURISDICTION – Financial management order and tutorship order – Litigant in person – Incapable of managing affairs – Application for the Applicant, revocation of orders – Application dismissed

MENTAL HEALTH – Guardians, committees, administrators, managers and receivers - Appointment – Management of estate– Tutor in common law compensation proceedings – Meaning of incapacity for self-management

PRACTICE – NSW Trustee and Guardian Act – Protected estate manager – Tutor in common law compensation proceedings- Litigant in person – Incapable of managing affairs - Appointment of NSW Trustee as manager and tutor Legislation Cited: Australian Courts Act 1828 (Imp) Civil Procedure Act 2005 NSW Civil Procedure Act 2005 NSW, section 56 Guardianship Act 1987 NSW New South Wales Act 1823 NSW Trustee and Guardian Act 2009 NSW Uniform Civil Procedure Rules 2005 NSW (UCPR) Cases Cited: Ability One Financial Management Pty Limited and Anor v JB by his Tutor AB [2014] NSWSC 245 at [30]-[32], [48-[63] Bobolas v Waverley Council [2012] NSWCA 126 at [60]-[62] CAC v Secretary, Department of Family and Community Services (No. 2) [2015] NSWSC 344 at [15]-[16] CCR v PS (No. 2) (1986) 6 NSWLR 622 at 640 CJ v AKJ [2015] NSWSC 498 at [22]-[43] David by her tutor the Protective Commissioner v David (1993) 30 NSWLR 417 at 436E - 437C Gibbons v Wright (1954) 91 CLR 423 at 434-438 GNM v ER [1983] 1 NSWLR 144 at 148C-149D H v H [2015] NSWSC 837 at [27]-[37] IR v AR [2015] NSWSC 1187 at [100]-[118], especially [111]-[113] JMK v RDC and PTO v WDO [2013] NSWSC 1362 at [53]-[56] and [68](5) M v M [2013] NSWSC 1495 at [10]-[20], [46]-[48] Mao v AMP Superannuation Limited [2015] NSWCA 252 at [49]-[50] and [53] Murphy v Doman (2003) 58 NSWLR 51 P v NSW Trustee and Guardian [2015] NSWSC 579 at [25]-[36], [227]-[273]. [290]-[292] PY v RJS [1982] 2 NSWLR 700 at 702B-E, D-E Re Application for partial management orders [2014] NSWSC 1468 at [19]-[24], '23]-[30] Re Eve [1986] 2 SCR 388 at 407-417; (1986) 31 DLR (4th) 1 at 14-21 Re K, an incapable person in in receipt of interim damages awards [2014] NSWSC 1286 at [38]-[49] Re W and L (Parameters of protected estate management orders) [2014] NSWSC 1106 at [39]-[53] RL v NSW Trustee and Guardian (2012) 84 NSWLR 263 at 284[93]-285[96], Secretary, Department of Health and Community Services JWB and SMB (Marion's Case) (1992) 175 CLR 218 at 258-259 Wellesley v Duke of Beaufort (1827) 2 Russ 1 at 20; 38 ER 236 at 247 Texts Cited: HS Theobald, The Law Relating to Lunacy (Stevens & Sons, London, 1924), pages 54, 401-403 and 511-513. JM Bennett, A History of the Supreme Court of New South Wales (Law Book Co, Sydney, 1974), chapter 7. Philip Powell, The Origins and Development of the Protective Jurisdiction of the Supreme Court of New South Wales (Forbes society, Sydney, 2004) Category: Principal judgment Parties: Plaintiff (Applicant): A Protected Person Defendant (First Respondent): Common Law Adversary of the Protected Person (Second Respondent): NSW Trustee, Protected Estate Manager Representation: Counsel: Plaintiff: In person Defendant: D Hanna Protected Estate Manager (NSW Trustee & Guardian): R Foord