BC, Re [2009] NSWSC 835

BC, Re [2009] NSWSC 835

Due to the plaintiff’s inability to investigate suitable accommodation and care outside the hospital and the need for legal authority to do so, it is appropriate to appoint a guardian with limited functions for the purpose of making the necessary enquiries and giving consents as required.

Jurisdiction
Australia
Judgment Date
19 August 2009
Procedural Posture
Appeal / Interlocutory Application in Ongoing Appeal
Outcome
Guardian appointed with limited function for twelve months.
Legal Topics
['guardianship' 'protected Estates' 'mental Health']
['equity' 'protective Jurisdiction'] ['guardianship' 'protected Estates' 'mental Health']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Interlocutory Application in Ongoing Appeal

Legal Issues

  1. 1 ['Whether it is appropriate to appoint a guardian for a mentally ill patient seeking discharge from involuntary hospitalisation for the limited purpose of investigating appropriate external care.']

Ratio Decidendi

Due to the plaintiff’s inability to investigate suitable accommodation and care outside the hospital and the need for legal authority to do so, it is appropriate to appoint a guardian with limited functions for the purpose of making the necessary enquiries and giving consents as required.

Court Disposition

Guardian appointed with limited function for twelve months.

Orders

  • ['Grant leave to file in Court a Summons in the form initialled by the judge and placed with the papers.' 'Waive payment of the filing fee for the Summons.' "Appoint the NSW Trustee as the Plaintiff's guardian for a period of one year from judgment date, with functions limited to making necessary enquiries as to the...