Re N [2001] NSWSC 345

Re N [2001] NSWSC 345

Because the probabilities were that N, had she remained capable, would have paid her husband the full amount of the Griffiths v Kerkmeyer damages, and she remained completely reliant on him, the Court approved the payment sought.

Jurisdiction
Australia
Judgment Date
17 April 2001
Procedural Posture
Protective List Application Concerning Payment Out of a Protected Estate / Application for Approval of Payment of Past Gratuitous Care Damages
Outcome
Approval granted for the payment sought by the Protective Commissioner.
Legal Topics
['protection of Property' 'griffiths V Kerkmeyer Damages' 'past Gratuitous Care' 'incapable Person']
['mental Health' 'protected Estates'] ['protection of Property' 'griffiths V Kerkmeyer Damages' 'past Gratuitous Care' 'incapable Person']

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Procedural Posture

Protective List Application Concerning Payment Out of a Protected Estate / Application for Approval of Payment of Past Gratuitous Care Damages

Legal Issues

  1. 1 ["Whether the Court should approve payment of $225,000 out of N's estate to her husband in recognition of past gratuitous care." 'Whether N, had she remained capable, would more likely than not have made the payment to her husband.']

Ratio Decidendi

Because the probabilities were that N, had she remained capable, would have paid her husband the full amount of the Griffiths v Kerkmeyer damages, and she remained completely reliant on him, the Court approved the payment sought.

Court Disposition

Approval granted for the payment sought by the Protective Commissioner.

Orders

  • ["The Court approved payment of $225,000 out of N's estate to her husband in recognition of past gratuitous care."]