Drew v H [1999] NSWSC 610

Drew v H [1999] NSWSC 610

There is inherent power in the Supreme Court to make an interim order to protect the estate of a person incapable of managing their affairs where urgent protection is shown to be necessary, even absent statutory power and where the defendant is not served due to risk of detrimental effect on their condition.

Parties
Plaintiff: Marianne Drew; Defendant: H
Jurisdiction
Australia
Judgment Date
15 June 1999
Procedural Posture
Application / Interim Order
Outcome
Interim orders appointing an interim receiver and manager granted; costs reserved.
Legal Topics
Interim Order for Manager, Alleged Incapable Person, Parens Patriae Jurisdiction, Service Requirements, Protection of Estates
Mental Health Law Protective Jurisdiction Interim Order for Manager Alleged Incapable Person Parens Patriae Jurisdiction Service Requirements Protection of Estates

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Parties

Marianne Drew

Plaintiff

H

Defendant

Procedural Posture

Application / Interim Order

Legal Issues

  1. 1 Whether the court can grant an interim order for appointment of a manager for an alleged incapable person's estate in the absence of specific statutory provision
  2. 2 What must the plaintiff establish to succeed in an application for an interim order under the court's inherent jurisdiction

Ratio Decidendi

There is inherent power in the Supreme Court to make an interim order to protect the estate of a person incapable of managing their affairs where urgent protection is shown to be necessary, even absent statutory power and where the defendant is not served due to risk of detrimental effect on their condition.

Court Disposition

Interim orders appointing an interim receiver and manager granted; costs reserved.

Orders

  • Orders 2 and 3 in the notice of motion to appoint an interim receiver and manager granted.
  • Costs reserved until hearing.