Adler v Singer [2009] NSWSC 500

No triable case of incompetence or undue influence concerning the revocation of Powers of Attorney was shown on the present evidence; accordingly, the plaintiff is entitled to have her funds transferred to her solicitors' control, subject to undertakings to protect those funds.

Jurisdiction: Australia
Judgment Date: 15 May 2009
Procedural Posture: Interlocutory Application / Interlocutory Hearing
Outcome: Orders made transferring control of plaintiff's moneys to her solicitors; costs reserved as plaintiff's costs in the proceedings.
Legal Topics: ['powers of Attorney' 'interlocutory Orders' 'protection of Assets' 'capacity and Competence' 'undue Influence']

['procedure' 'equity'] ['powers of Attorney' 'interlocutory Orders' 'protection of Assets' 'capacity and Competence' 'undue Influence']

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Procedural Posture

Interlocutory Application / Interlocutory Hearing

Legal Issues

1 ['Whether an arguable case exists of incompetence, incapacity or undue influence regarding revocation of Powers of Attorney' "Whether it is necessary and prudent to transfer control of plaintiff's funds to her solicitors"]

Ratio Decidendi

Court Disposition

Orders made transferring control of plaintiff's moneys to her solicitors; costs reserved as plaintiff's costs in the proceedings.

Orders

["Funds/accounts under defendants' control to be transferred to plaintiff's solicitors Makinson & d'Apice." 'Solicitor undertaking as to funds management and limits on drawdowns accepted.' "Costs of the interlocutory applications to be plaintiff's costs in the proceedings." 'Further directions hearing set for 12...