Re C (TH) and the Protected Estates Act [1999] NSWSC 456

Re C (TH) and the Protected Estates Act [1999] NSWSC 456

On the balance of probabilities, notwithstanding contrary expert evidence, the applicant demonstrated sufficient capacity to manage her affairs under the objective test in s 35 of the Protected Estates Act 1983; the Act does not permit imposing paternalistic restrictions if capacity is found.

Parties
Applicant: C (TH); Respondent: Protective Commissioner
Jurisdiction
Australia
Judgment Date
03 May 1999
Procedural Posture
Application Under S 35 of the Protected Estates Act 1983 / Judgment on Application to Revoke Incapacity Declaration
Outcome
Application granted
Legal Topics
Incapacity Revocation, Objective Test for Capacity, Benign Paternalism, Management of Protected Estates
Mental Health Equity Protective Jurisdiction Incapacity Revocation Objective Test for Capacity Benign Paternalism Management of Protected Estates

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 2 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

C (TH)

Applicant

Protective Commissioner

Respondent

Procedural Posture

Application Under S 35 of the Protected Estates Act 1983 / Judgment on Application to Revoke Incapacity Declaration

Legal Issues

  1. 1 Whether the applicant is now capable of managing her own affairs under s 35 of the Protected Estates Act 1983

Ratio Decidendi

On the balance of probabilities, notwithstanding contrary expert evidence, the applicant demonstrated sufficient capacity to manage her affairs under the objective test in s 35 of the Protected Estates Act 1983; the Act does not permit imposing paternalistic restrictions if capacity is found.

Court Disposition

Application granted

Orders

  • Orders made in accordance with the short minutes (revoking declaration of incapacity)