Maria Saravinovska v Krste (Chris) Saravinovski; Chris Saravinovski v George Saravinovski (No 4) [2015] NSWSC 64

Maria Saravinovska v Krste (Chris) Saravinovski; Chris Saravinovski v George Saravinovski (No 4) [2015] NSWSC 64

Although the Court reached no final conclusion whether Mr Chris Saravinovski had suffered a temporary or permanent decline in cognitive capacity or was 'foxing', there was a serious and rationally based concern about his capacity arising from his demeanour and non-responsive answers in cross-examination, the interpreter's evidence of noticeable deterioration, the GP report acknowledging variability in his state, and the concerns of experienced legal practitioners with long exposure to him. The Court therefore considered it appropriate to err on the side of caution and appoint Mr Louie Saravinovski as tutor until further order, while prioritising continuation of the proceedings and urgent...

Jurisdiction
Australia
Judgment Date
11 February 2015
Procedural Posture
Equity Division Procedural Ruling Concerning Appointment of a Tutor and Adjournment of Cross Examination / During Hearing, After Commencement of Mr Chris Saravinovski's Cross Examination; Ex Tempore Ruling on Application Under UCPR Pt 7, R 7.18
Outcome
Tutor appointed for Mr Chris Saravinovski until further order.
Legal Topics
['appointment of Tutor' 'legal Capacity of Party' 'competence to Give Evidence' 'adjournment of Cross Examination' 'court Appointed Expert Assessment']
['civil Procedure' 'evidence' 'equity'] ['appointment of Tutor' 'legal Capacity of Party' 'competence to Give Evidence' 'adjournment of Cross Examination' 'court Appointed Expert Assessment']

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Procedural Posture

Equity Division Procedural Ruling Concerning Appointment of a Tutor and Adjournment of Cross Examination / During Hearing, After Commencement of Mr Chris Saravinovski's Cross Examination; Ex Tempore Ruling on Application Under UCPR Pt 7, R 7.18

Legal Issues

  1. 1 ["Whether Mr Chris Saravinovski's cross-examination should be adjourned to allow examination by a gerontologist or other suitably qualified person about his legal capacity." 'Whether Mr Louie Saravinovski should be appointed as tutor for Mr Chris Saravinovski under UCPR Pt 7, r 7.18.' "Whether, pending assessment of Mr Chris Saravinovski's condition, the proceedings should continue by taking evidence from other witnesses."]

Ratio Decidendi

Although the Court reached no final conclusion whether Mr Chris Saravinovski had suffered a temporary or permanent decline in cognitive capacity or was 'foxing', there was a serious and rationally based concern about his capacity arising from his demeanour and non-responsive answers in cross-examination, the interpreter's evidence of noticeable deterioration, the GP report acknowledging variability in his state, and the concerns of experienced legal practitioners with long exposure to him. The Court therefore considered it appropriate to err on the side of caution and appoint Mr Louie Saravinovski as tutor until further order, while prioritising continuation of the proceedings and urgent...

Court Disposition

Tutor appointed for Mr Chris Saravinovski until further order.

Orders

  • ['That Mr Louie (Ljube) Saravinovski is appointed as tutor for Mr Chris (Krste) Saravinovski until further order.']