CJ v AKJ [2015] NSWSC 498

Supreme Court New South Wales

Medium Neutral Citation: CJ v AKJ [2015] NSWSC 498 Hearing dates: - Date of orders: 01 May 2015 Decision date: 01 May 2015 Jurisdiction: Equity Division - Protective List Before: Lindsay J in Chambers Decision: (1) Order, without prejudice to any future application for relief in the exercise of the Court's protective jurisdiction (of whatever character), that the plaintiff's application for a declaration that the defendant is incapable of managing his affairs, and consequential orders for management of a protected estate, be dismissed. (2) Order that all funds standing to the credit of the defendant in court (in relation to the District Court proceedings), including interest, be paid out to the defendant (being the defendant in these current, Supreme Court proceedings) personally or as he may in writing direct. Catchwords: GUARDIANSHIP – Guardians, committees, administrators, managers and receivers – Appointment – Application for appointment of a protected estate manager – Capacity for self-management – Meaning – Governed by nature and purpose of protective jurisdiction

PRACTICE – NSW Trustee and Guardian Act – Capacity for self-management - Person incapable of managing his or her affairs – Meaning – Utility and limitations of practice "tests" for assessing incapacity – Concept governed by nature and purpose of protective jurisdiction Legislation Cited: NSW Trustee and Guardian Act 2009 NSW Civil Procedure Act 2005 NSW Uniform Civil Procedure Rules 2005 NSW Part 7 Cases Cited: A (by his tutor Brett Collins) v Mental Health Review Tribunal (No. 4) [2014] NSWSC 31 Ability One Financial Management Pty Ltd and Anor v JB by his tutor AB [2014] NSWSC 245 EB and Ors v Guardianship Tribunal and Ors [2011) NSWSC 767 GAU v GAV [2014] QCA 308 Gibbons v Wright (1954) 91 CLR 423 at 434-438. In the Matter of Case (1915) 214 NY 199 P v NSW Trustee and Guardian [2015] NSWSC 000 PB v BB [2013] NSW SC 1223 PY v RJS [1982] 2 NSWLR 700 Re an alleged incapable person (1959) 76 WN (NSW) 477 Re D [2012] NSWSC 1006 at [46]-[67] Re Eve [1986] 2 SCR 388 at 410; (1986) 31 DLR (4th) Re R [2014] NSWSC 1810 Secretary, Department of Health and Community Services v 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 Wellesley v Wellesley (1828) 2 BLI. NS124; 4ER 1078 Category: Principal judgment Parties: Plaintiff: CJ (father of defendant) Defendant: AKJ (person in need of protection) Representation: Solicitors: Slater & Gordon File Number(s): 2015/00048686