Malin v Sydney Local Health District t/as Royal Prince Alfred Hospital [2019] NSWSC 1765

Supreme Court New South Wales

Medium Neutral Citation: Malin v Sydney Local Health District t/as Royal Prince Alfred Hospital [2019] NSWSC 1765 Hearing dates: 3, 5 December 2019 Date of orders: 05 December 2019 Decision date: 05 December 2019 Jurisdiction: Common Law Before: Cavanagh J Decision: (1) I make the declaration sought pursuant to s 75 of the Supreme Court Act 1970 (NSW) that the plaintiff is capable of managing his affairs. (2) I also grant leave to remove Jeani Malin as the plaintiff's tutor in these proceedings pursuant to r 7.18(1) of the UCPR. (3) I also grant leave to the plaintiff to file the amended statement of claim which is annexed and marked "A". (4) I order that the defendant pay the plaintiff's costs of the motion. Catchwords: CIVIL PROCEDURE — parties — persons under legal incapacity — tutors — application for removal of tutor — whether plaintiff remains a person under a legal incapacity under s 3 of the Civil Procedure Act 2005 (NSW) — declaration sought that plaintiff is capable of managing his own affairs Legislation Cited: Civil Procedure Act 2005 (NSW), s 3 Supreme Court Act 1970 (NSW), s 75 Uniform Civil Procedure Rules 2005 (NSW), r 7.18(1) Cases Cited: CJ v AJK [2015] NSWSC 498 Gibbons v Wright (1954) 91 CLR 423; [1954] HCA 17 Rappard v Williams [2013] NSWSC 1279 Stokes v McCourt [2014] NSWSC 61 Category: Procedural and other rulings Parties: Thomas Malin (Plaintiff) Sydney Local Health District Trading As Royal Prince Alfred Hospital (Defendant) Representation: Counsel: Ms E Welsh (Plaintiff)