PF v HK [2016] NSWSC 590

Supreme Court New South Wales

Medium Neutral Citation: PF v HK [2016] NSWSC 590 Hearing dates: 14, 16 and 21 September and 18 December 2015, and 10 February 2016 Date of orders: 11 May 2016 Decision date: 11 May 2016 Jurisdiction: Equity - Protective List Before: Lindsay J Decision: (1) Declare that the defendant is incapable of managing her affairs.

(2) Orders for management of the estate of the defendant to be committed to the NSW Trustee, subject to the NSW Trustee and Guardian Act 2009 NSW.

(3) Order that the proceedings be adjourned to enable the NSW Trustee to consider, inter alia, whether to consent to its appointment as tutor for the defendant (as a plaintiff) in related proceedings in the District Court of NSW. Catchwords: PROTECTIVE JURISDICTION – Financial management order and tutorship order – Litigant in person – Incapable of managing affairs – Protected estate case management

MENTAL HEALTH – Guardians, committees, administrators, managers and receivers – Appointment - Management of the estate – Tutor sought for District Court compensation proceedings – NSW Trustee to consider whether to consent to appointment as tutor Legislation Cited: Motor Accidents Compensation Act 1999 NSW, NSW Trustee and Guardian Act 2009 NSW Uniform Civil Procedure Rules 2005 NSW Cases Cited: A v A [2015 ] NSWSC 1778 Bobolas v Waverley Council [2012] NSWCA 126 F v K [2014] NSWCA 39 Murphy v Doman (as representative of the Estate of the Late Min Simpson) (2003) 58 NSWLR 51 Re P [ 2006] NSWSC 1082 Texts Cited: - Category: Principal judgment Parties: Plaintiff: PF, the defendant in personal injury compensation proceedings instituted by HK.