LG v TG [2005] NSWSC 594

LG v TG [2005] NSWSC 594

While the order of 5 December 1997 (appointing the Protective Commissioner) remains in force, the plaintiff cannot bring proceedings in his own name concerning the estate; only the Protective Commissioner has such capacity.

Jurisdiction
Australia
Judgment Date
20 June 2005
Procedural Posture
Probate Proceedings / Notice of Motion Seeking to Rescind Order Striking Out Proceedings
Outcome
Notice of Motion dismissed; proceedings struck out as per prior order.
Legal Topics
['capacity to Bring Proceedings' 'protected Estates' 'role of Protective Commissioner']
['mental Health Law' 'probate'] ['capacity to Bring Proceedings' 'protected Estates' 'role of Protective Commissioner']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Probate Proceedings / Notice of Motion Seeking to Rescind Order Striking Out Proceedings

Legal Issues

  1. 1 ['Whether a person whose estate is under management of the Protective Commissioner has capacity to bring legal proceedings in their own name' "Whether the existing management order under the Protected Estates Act 1983 removes the plaintiff's capacity to bring proceedings"]

Ratio Decidendi

While the order of 5 December 1997 (appointing the Protective Commissioner) remains in force, the plaintiff cannot bring proceedings in his own name concerning the estate; only the Protective Commissioner has such capacity.

Court Disposition

Notice of Motion dismissed; proceedings struck out as per prior order.

Orders

  • ['Notice of Motion dismissed' "Plaintiff to pay defendant's costs of the Notice of Motion" 'Exhibit may be returned']