TA v IA [2017] NSWSC 1597

Supreme Court New South Wales

Medium Neutral Citation: TA v IA [2017] NSWSC 1597 Hearing dates: 7 and 8 November 2017 Date of orders: 24 November 2017 Decision date: 24 November 2017 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. I declare, pursuant to s 41 of the NSW Trustee and Guardian Act 2009 (NSW) (the Act), that the defendant [IA] is incapable of managing his affairs in relation to his claim for compensation and conduct of District Court proceedings case number 767 of 2009 (the proceedings) arising from a motor vehicle accident which occurred on 2 July 2007. 2. I order pursuant to ss 40 and 41(1)(a) of the Act that that part of the defendant's estate relating to the defendant's claim for compensation and conduct of the proceedings be subject to management under the Act. 3. I order pursuant to s 41(1)(b) of the Act that the NSW Trustee be appointed as manager of that part of the defendant's estate relating to his claim for compensation and conduct of the proceedings. Catchwords: MENTAL HEALTH – NSW Trustee and Guardian Act - Protected estate manager – Litigant in person – Appointment of NSW Trustee as manager of that part of the defendant's estate relating to the defendant's claim for compensation and conduct of District Court proceedings Legislation Cited: Civil Procedure Act 2005 (NSW), s 14 Motor Accidents Compensation Act 1999 (NSW) New South Wales Trustee and Guardian Act 2009 (NSW), ss 38, 40, 41, 86 Uniform Civil Procedure Rules 2005 (NSW), rr 7.14, 23.4, 29.7, Pt 57 Cases Cited: A v A [2015] NSWSC 1778 A v A [2016] NSWCA 17 Dalle-Molle v Manos (2004) 88 SASR 193; [2004] SASC 102 Gibbons v Wright (1954) 91 CLR 423 Guthrie v Spence (2009) 78 NSWLR 225; [2009] NSWCA 369 H v H [2015] NSWSC 837 IA v TA (No 2) [2016] NSWCA 349 IA v TA (No 3) [2017] NSWCA 2017 IA v TA [2016] NSWCA 179 KF By Her Tutor RF v Royal Alexandra Hospital for Children known as the Children's Hospital Westmead [2010] NSWSC 891 Mao v AMP Superannuation Ltd [2015] NSWCA 252 Masterman-Lister v Brutton & Co [2003] 1 WLR 1511; [2002] EWCA Civ 1889 Murphy v Doman (2003) 58 NSWLR 51; [2003] NSWCA 249 Re AAA; Report on a Protected Person's Attainment of the Age of Majority [2016] NSWSC 805 Re W and L (Parameters of Protected Estate Management Orders) [2014] NSWSC 1106 Re WS [2017] NSWSC 745 Rowlands v State of New South Wales (2009) 74 NSWLR 715; [2009] NSWCA 136 Slaveski v Victoria (2009) 25 VR 160; [2009] VSC 596 Category: Principal judgment Parties: TA (Plaintiff) IA (Defendant) Representation: Counsel: W Fitzsimmons (Plaintiff) No appearance for the Defendant