Re D (No 2) [2014] NSWSC 724

Re D (No 2) [2014] NSWSC 724

Having regard to the plaintiff's objective circumstances, evidence of her beliefs about her finances, history of incurring debts, lack of realistic understanding of her financial affairs, and inability to manage claims against her, the plaintiff is not capable of managing her own financial affairs. The management order should not be revoked.

Jurisdiction
Australia
Judgment Date
04 June 2014
Procedural Posture
Application for Revocation of Management Order / Final Judgment
Outcome
Summons dismissed; no order as to costs unless application within 14 days.
Legal Topics
['revocation of Management Order' 'capacity to Manage Financial Affairs']
['guardianship' 'protected Persons' 'financial Management'] ['revocation of Management Order' 'capacity to Manage Financial Affairs']

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Procedural Posture

Application for Revocation of Management Order / Final Judgment

Legal Issues

  1. 1 ['Whether the plaintiff is capable of managing her own financial affairs so as to justify the revocation of the management order under the NSW Trustee and Guardian Act 2009 (NSW)']

Ratio Decidendi

Having regard to the plaintiff's objective circumstances, evidence of her beliefs about her finances, history of incurring debts, lack of realistic understanding of her financial affairs, and inability to manage claims against her, the plaintiff is not capable of managing her own financial affairs. The management order should not be revoked.

Court Disposition

Summons dismissed; no order as to costs unless application within 14 days.

Orders

  • ['Summons be dismissed' 'No order for costs unless application is made within 14 days']