Re WS [2017] NSWSC 745

Supreme Court New South Wales

Medium Neutral Citation: Re WS [2017] NSWSC 745 Hearing dates: 21 and 28 February, 28 March and 31 May 2017 Decision date: 27 June 2017 Before: Lindsay J Decision: (1) A determination that the plaintiff is a person who is not capable of managing his affairs (within the meaning of both section 41 of the NSW Trustee and Guardian Act 2009 NSW and rule 7.13 of the Uniform Civil Procedure Rules 2005 NSW) insofar as those affairs concern the conduct of these proceedings.

(2) Proceedings adjourned for consideration of what, if any, orders should be made (including orders for the appointment of a tutor) consequential upon that determination. Catchwords: PROTECTIVE JURISDICTION – Litigant in person – Capacity for management of affairs – Assessment of need for tutor – Functionality the key determinant – Determination task and time specific

MENTAL HEALTH – Guardians, committees, administrators, managers and receivers – Assessment of need for appointment of tutor – Litigant in person – Capacity for self-management – Functionality the key determinant – Determination task and time specific – Capacity to manage ordinary affairs, but not litigation Legislation Cited: Civil Procedure Act 2005 Crimes Act 1900 NSW NSW Trustee and Guardian Act 2009 NSW Uniform Civil Procedure Rules 2005 NSW Cases Cited: (2007) 69 NSWLR 547 [2007] NSWCCA 185 [2007] NSWCCA 341 [2008] NSWCA 70 (2010) 201ACrimR 302 [2010] NSWCCA 91 [2016] NSWCATOD 142 CJ v AKJ [2015] NSWSC 498 IA v TA [2016] NSWCA 179 Perpetual Trustee Company Limited v Mills (2007) 71 NSWLR 1 Rappard v Williams [2013] NSWSC 1279 A v A [2015] NSWSC 1778 at [53]-[82] Slaveski v Victoria (2009) 25 VR 160 Texts Cited: - Category: Principal judgment Parties: Plaintiff: WS Defendant Solicitor: AW Defendant State: State of NSW Representation: Counsel: Plaintiff: Self represented Defendant Solicitor AW: N Kabilafkas Defendant State: TE O'Brien