M v Mental Health Review Tribunal and Others (No 2) [2016] NSWSC 572

Supreme Court New South Wales

Medium Neutral Citation: M v Mental Health Review Tribunal and Others (No 2) [2016] NSWSC 572 Hearing dates: 29 April and 5 May 2016 Date of orders: 05 May 2016 Decision date: 06 May 2016 Jurisdiction: Equity - Protective List Before: Lindsay J Decision: (1) Orders made for a stay of civil proceedings commenced, and maintained, by a litigant in person without disclosure of his status as a person whose estate is subject to management, as a protected estate, under the NSW Trustee and Guardian Act 2009 NSW. (2) Directions given to facilitate an assessment of the proceedings, and arrangements for management of the protected person's estate, by the NSW Trustee as his financial manager . Catchwords: MENTAL HEALTH – Legal proceedings by and against mentally ill and other protected persons – Litigant in person – Belated discovery that plaintiff is under subsisting order that his estate be subject to management as a protected person under NSW Trustee and Guardian Act 2009 NSW – Stay of proceedings Legislation Cited: Civil Procedure Act 2005 NSW Guardianship Act 2007 NSW Mental Health Act 2007 NSW NSW Trustee and Guardian Act 2009 NSW Personal Property Securities Act 2009 Cth Uniform Civil Procedure Rules 2005 NSW Cases Cited: A v A [2015] NSWSC 1778 Re Application for Partial Management Orders [2014] NSWSC 1468. Donoghue v Stevenson [1932] 1 AC 562 Walton v Gardiner (1993) 177 CLR 378 Williams v Spautz (1992) 174 CLR 509 Texts Cited: - Category: Procedural and other rulings Parties: Plaintiff: A natural person First Defendant: Mental Health Review Tribunal Second Defendant: Sydney Local Health District Third Defendant: Janssen-Cilag Pty Limited ACN 000 129 975 Fourth Defendant: Johnson & Johnson Pty Limited ACN 000 023 709 Representation: Counsel: Plaintiff: Self represented First Defendant: Submitting appearance Second Defendant: Katherine Richardson Third Defendant: B Kelleher NSW Trustee: J Brouwer, solicitor