J v J [2015] NSWSC 1984

Supreme Court New South Wales

Medium Neutral Citation: J v J [2015] NSWSC 1984 Hearing dates: 10, 11, 21, 22 and 23 December 2015 Date of orders: 23 December 2015 Decision date: 23 December 2015 Jurisdiction: Equity - Protective List Before: Lindsay J Decision: (1) Declaration that plaintiff has no right, title or interest in family home. (2) Consequential orders for withdrawal of the plaintiff's caveat, delivery up of vacant possession and sale of property. (3) Protected estate Management Orders made to commit management of the affairs of the first and second defendants to the NSW Trustee. Catchwords: PROTECTIVE JURISDICTION – Incapacity for self-management – Power of attorney – Financial management – Management of estate – Appointment of NSW Trustee and Guardian

PROPERTY – Equitable estoppel – Whether daughter of protected persons has any interest in family home – Failure to prove promise made Legislation Cited: NSW Trustee and Guardian Act 2009 (NSW) Supreme Court Act 1970 (NSW) Category: Principal judgment Parties: LJ, Daughter of Incapable Persons (Plaintiff) WJ, Incapable Person (First Defendant) AJ, Incapable Person (Second Defendant) GJ, Son of Incapable Persons (Third Defendant) MJ, Daughter of Incapable Persons (Fourth Defendant) Representation: Counsel: D K Raphael (Plaintiff), 10–22 December 2015 Plaintiff in person, 22-23 December 2015 C Alexander (Defendants), 10-22 December 2015 P Beazley (Defendants), 23 December 2015