A v A [2015] NSWSC 1778

A v A [2015] NSWSC 1778

The applicant is incapable of managing his own affairs including conduct of litigation; the evidence, particularly that of Dr Jungfer, supports continued need for protective orders. Revocation of the management and tutorship orders would not be in the applicant’s best interests and would likely prevent him from pursuing his compensation proceedings effectively.

Jurisdiction
Australia
Judgment Date
27 November 2015
Procedural Posture
Application for Revocation of Management and Tutorship Orders / Final Judgement on Application; Hearing on 16 November 2015, Decision 27 November 2015
Outcome
Application dismissed. Management and tutorship orders remain in force.
Legal Topics
['protected Estate Management' 'tutorship Orders' 'incapacity for Self Management' 'appointment of Protected Estate Manager' 'appointment and Supervision of Tutor' 'revocation of Protective Orders']
['equity' 'protective Jurisdiction' 'mental Health Law'] ['protected Estate Management' 'tutorship Orders' 'incapacity for Self Management' 'appointment of Protected Estate Manager' 'appointment and Supervision of Tutor' 'revocation of Protective Orders']

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Procedural Posture

Application for Revocation of Management and Tutorship Orders / Final Judgement on Application; Hearing on 16 November 2015, Decision 27 November 2015

Legal Issues

  1. 1 ['Whether the applicant remains incapable of managing his or her own affairs within the meaning of the NSW Trustee and Guardian Act 2009 (NSW)' 'Whether existing protected estate management and tutorship orders should be revoked']

Ratio Decidendi

The applicant is incapable of managing his own affairs including conduct of litigation; the evidence, particularly that of Dr Jungfer, supports continued need for protective orders. Revocation of the management and tutorship orders would not be in the applicant’s best interests and would likely prevent him from pursuing his compensation proceedings effectively.

Court Disposition

Application dismissed. Management and tutorship orders remain in force.

Orders

  • ['Application to set aside management and tutorship orders dismissed.' 'No orders as to costs of compensation proceedings in which NSW Trustee acts as tutor may be enforced against the NSW Trustee without leave of the Court.' 'No order as to costs of these proceedings unless applied for.']