H v H [2015] NSWSC 837

H v H [2015] NSWSC 837

The court found, upon independent assessment including evidence from family and medical practitioners, that the defendant is presently incapable of managing his affairs and that appointment of an independent protected estate manager is expedient and in his best interests, with orders to embed review mechanisms aimed at eventual self-management.

Parties
Plaintiff: LH; Defendant: LH
Jurisdiction
Australia
Judgment Date
26 June 2015
Procedural Posture
Application for Protected Estate Management Orders and Payment of Compensation Funds / Judgment and Final Orders
Outcome
Application granted; protected estate management orders made; payment out of compensation funds to appointed manager ordered.
Legal Topics
Incapacity for Self Management, Appointment of Estate Manager, Financial Management, Review of Management Orders, Relationship With Personal Injury Compensation Proceedings
Protective Jurisdiction Mental Health Practice and Procedure Incapacity for Self Management Appointment of Estate Manager Financial Management Review of Management Orders Relationship With Personal Injury Compensation Proceedings

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Parties

LH

Plaintiff

LH

Defendant

Procedural Posture

Application for Protected Estate Management Orders and Payment of Compensation Funds / Judgment and Final Orders

Legal Issues

  1. 1 Whether the defendant is incapable of managing his affairs
  2. 2 Whether appointment of a protected estate manager is necessary and expedient
  3. 3 Interaction between protective jurisdiction and common law compensation proceedings

Ratio Decidendi

The court found, upon independent assessment including evidence from family and medical practitioners, that the defendant is presently incapable of managing his affairs and that appointment of an independent protected estate manager is expedient and in his best interests, with orders to embed review mechanisms aimed at eventual self-management.

Court Disposition

Application granted; protected estate management orders made; payment out of compensation funds to appointed manager ordered.

Orders

  • Declaration that defendant is incapable of managing his affairs (s41 NSW Trustee and Guardian Act 2009).
  • Order that defendant's estate be subject to management under NSW Trustee and Guardian Act 2009.