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

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

The Court has inherent jurisdiction to appoint a committee of the person for adults of unsound mind, which includes powers to make decisions about medical care, dental care, accommodation, and related arrangements; but does not have statutory jurisdiction under the Guardianship Act to appoint a 'guardian' in these circumstances.

Jurisdiction
Australia
Judgment Date
02 July 2015
Procedural Posture
Equity Duty List / Interlocutory Application for Committee Appointment
Outcome
Second defendant declared to be a person of unsound mind; TM appointed as committee of the person of the second defendant; orders for powers and costs; proceedings adjourned.
Legal Topics
['guardianship' 'committees of the Person' 'parens Patriae Jurisdiction' 'inherent Jurisdiction']
['equity' 'mental Health Law'] ['guardianship' 'committees of the Person' 'parens Patriae Jurisdiction' 'inherent Jurisdiction']

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Procedural Posture

Equity Duty List / Interlocutory Application for Committee Appointment

Legal Issues

  1. 1 ['Whether the Supreme Court of NSW has jurisdiction to appoint a guardian over a mentally ill adult under the Guardianship Act 1987 or only under its inherent jurisdiction' "Whether the appointment should be as 'guardian' or as 'committee of the person' under parens patriae"]

Ratio Decidendi

The Court has inherent jurisdiction to appoint a committee of the person for adults of unsound mind, which includes powers to make decisions about medical care, dental care, accommodation, and related arrangements; but does not have statutory jurisdiction under the Guardianship Act to appoint a 'guardian' in these circumstances.

Court Disposition

Second defendant declared to be a person of unsound mind; TM appointed as committee of the person of the second defendant; orders for powers and costs; proceedings adjourned.

Orders

  • ['Second defendant (CS) declared of unsound mind.' 'TM appointed committee of the person of CS under the order and direction of the Court.' "TM as committee has powers to authorise and arrange CS's medical, dental, psychiatric, psychological, counselling treatment, obtain records, arrange accommodation, and engage...