NSW Trustee and Guardian v Ralph Stern [2015] NSWSC 2087

Supreme Court New South Wales

Medium Neutral Citation: NSW Trustee and Guardian v Ralph Stern [2015] NSWSC 2087 Hearing dates: 2 July 2015 Date of orders: 02 July 2015 Decision date: 02 July 2015 Jurisdiction: Equity - Duty List Before: Brereton J Decision: Second defendant declared to be a person of unsound mind; Thomas McLoughlin appointed to a committee of the person of the second defendant. Catchwords: MENTAL HEALTH – guardians, committees, administrators, managers and receivers – application for appointment as "guardian" – whether (NSW) Guardianship Act 1987 confers jurisdiction to appoint guardian over mentally ill adults – held, s 8 does not confer jurisdiction – parens patriae or inherent jurisdiction of Court to appoint "committee of person". Legislation Cited: (NSW) Family Provision Act 1982 (NSW) Guardianship Act 1987, s 8 (NSW) Succession Act 2006, ch 3 Cases Cited: MN v AN (1989) 16 NSWLR 525 Stern v Sekers; Sekers v Sekers [2010] NSWSC 59 R H v C A H (1984) 1 NSWLR 694 Re BC [2009] NSWSC 835 Category: Procedural and other rulings Parties: NSW Trustee and Guardian (plaintiff/respondent) Ralph Stern (first defendant) CS by her tutor TM (second defendant/applicant) Representation: Counsel: C Windeyer (plaintiff/respondent) S Hodges (second defendant/applicant)

Solicitors: L Rundle & Co (plaintiff/respondent) Stephen Hodges Solicitor (second defendant/applicant) File Number(s): 2014/51326