FA v Protective Commissioner & Ors [2009] NSWSC 415

FA v Protective Commissioner & Ors [2009] NSWSC 415

FA is a person of sound mind, with strong will and varied life experience, and is capable of managing her own financial affairs; thus, the protective order should be revoked.

Parties
Plaintiff: FA; First Defendant: Protective Commissioner; Second Defendant: FB; Third Defendant: Guardianship Tribunal of New South Wales
Jurisdiction
Australia
Judgment Date
18 May 2009
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed; protective order revoked.
Legal Topics
Financial Management Orders, Mental Capacity, Protective Orders
Equity Protective Jurisdiction Financial Management Orders Mental Capacity Protective Orders

Case Brief

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Parties

FA

Plaintiff

Protective Commissioner

First Defendant

FB

Second Defendant

Guardianship Tribunal of New South Wales

Third Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether FA had sufficient capacity to manage her own financial affairs

Ratio Decidendi

FA is a person of sound mind, with strong will and varied life experience, and is capable of managing her own financial affairs; thus, the protective order should be revoked.

Court Disposition

Appeal allowed; protective order revoked.

Orders

  • Decision of Appeal Panel dated 18 June 2008 set aside.
  • Declaration of incapacity revoked.