NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Coffey v Coffey (No. 2) [2015] NSWSC 338 Hearing dates: 19 March 2015 Date of orders: 30 March 2015 Decision date: 30 March 2015 Jurisdiction: Equity Division Before: Slattery J Decision: Plaintiff's tutor removed. Catchwords: CIVIL PROCEDURE – application by second defendant to remove plaintiff's tutor – where tutor is subject of an instrument appointing an enduring guardian – insufficient evidence to displace presumption as to appointor's capacity. Legislation Cited: Civil Procedure Act 2005 (NSW) Guardianship Act 1987 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Division 4, rr 7.13 – 7.18 Cases Cited: Attorney-General v Parnther (1792) 3 Bro CC 441 Brown v Weatherhead (1844) 4 Hare 122; 67 ER 586 Coffey v Coffey [2015] NSWSC 137 Farr v Queensland [2009] NSWSC 906 Masterman-Lister v Brutton & Co [2003] 3 All ER 162 Murray v Williams [2010] NSWSC 1243 Murphy v Doman (2003) 58 NSWLR 51 Saravinovska v Saravinovski [2015] NSWSC 128 Category: Consequential orders (other than Costs) Parties: Plaintiff: Leslie Raymond Coffey First Defendant: Ronald Bruce Coffey Second Defendant: Yvette Ray Latu Third Defendant: Andrew Bruce Coffey Representation: Counsel: Plaintiff: H. Durack
Solicitors: Plaintiff: Lorraine White, Baker, Deane and Nutt Solicitors Second Defendant: in person File Number(s): 2013/31875 Publication restriction: No
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