Re D [2012] NSWSC 1006

Re D [2012] NSWSC 1006

The plaintiff is not capable of managing her own affairs, as she lacks a rational appreciation of her assets and liabilities, presents a substantial risk of incurring debts she could not meet, and does not recognise her existing liabilities, thereby risking loss of her property.

Jurisdiction
Australia
Judgment Date
31 August 2012
Procedural Posture
Application for Revocation of Management Order / Principal Judgment
Outcome
Summons dismissed; costs ordered as specified.
Legal Topics
['revocation of Management Order' 'capability to Manage Affairs' 'protected Estates' 'costs']
['guardianship' 'financial Management'] ['revocation of Management Order' 'capability to Manage Affairs' 'protected Estates' 'costs']

Case Brief

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Procedural Posture

Application for Revocation of Management Order / Principal Judgment

Legal Issues

  1. 1 ['Whether plaintiff is capable of managing her affairs' 'Whether management order should be revoked' "Meaning of 'capable of managing his or her affairs' under NSW Trustee and Guardian Act 2009" 'Proper application of costs in this context']

Ratio Decidendi

The plaintiff is not capable of managing her own affairs, as she lacks a rational appreciation of her assets and liabilities, presents a substantial risk of incurring debts she could not meet, and does not recognise her existing liabilities, thereby risking loss of her property.

Court Disposition

Summons dismissed; costs ordered as specified.

Orders

  • ['Order that the summons be dismissed.' "Order that the plaintiff's costs on the indemnity basis be paid out of the plaintiff's estate to the plaintiff's solicitor up to the sum of $5,000."]