GX v NSW Trustee and Guardian [2018] NSWSC 1180

GX v NSW Trustee and Guardian [2018] NSWSC 1180

The Court was not satisfied that the plaintiff was capable of managing her financial affairs. Although she managed her pension and ordinary expenses, her disordered handling of documents, likely inability to pay important property liabilities, refusal to cooperate with Land and Environment Court orders, incapacity to manage litigation about her property, risk of further costly proceedings, and vulnerability arising from her intention to give away her house showed that continuing management by the NSW Trustee and Guardian was required.

Jurisdiction
Australia
Judgment Date
04 August 2018
Procedural Posture
Application by a Protected Person for Revocation of Protected Estate Management Orders / Principal Judgment
Outcome
Plaintiff's application for revocation of the protected estate management orders was refused.
Legal Topics
['protected Person' 'revocation of Estate Management Orders' 'capacity to Manage Financial Affairs' 'nsw Trustee and Guardian' 'self Represented Litigant']
['guardianship' 'equity' 'protected Estates'] ['protected Person' 'revocation of Estate Management Orders' 'capacity to Manage Financial Affairs' 'nsw Trustee and Guardian' 'self Represented Litigant']

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Procedural Posture

Application by a Protected Person for Revocation of Protected Estate Management Orders / Principal Judgment

Legal Issues

  1. 1 ['Whether the plaintiff is capable of managing her affairs for the purposes of revoking the declaration and estate management orders under s 86 of the NSW Trustee and Guardian Act 2009.' "Whether the NSW Trustee and Guardian should continue as manager of the plaintiff's estate." "Whether the plaintiff's conduct of litigation, dealings with property liabilities, Land and Environment Court proceedings, and proposed gift of her house showed incapacity to manage her financial affairs."]

Ratio Decidendi

The Court was not satisfied that the plaintiff was capable of managing her financial affairs. Although she managed her pension and ordinary expenses, her disordered handling of documents, likely inability to pay important property liabilities, refusal to cooperate with Land and Environment Court orders, incapacity to manage litigation about her property, risk of further costly proceedings, and vulnerability arising from her intention to give away her house showed that continuing management by the NSW Trustee and Guardian was required.

Court Disposition

Plaintiff's application for revocation of the protected estate management orders was refused.

Orders

  • ["Dismiss the plaintiff's application." 'Declare that the plaintiff is incapable of managing her affairs.' 'Order that, unless and until set aside, the protected estate management orders made by Barrett J on 9 September 2003 in respect of the plaintiff (as varied) shall continue in operation.' 'Order that the NSW...