MKH v JBH [2016] NSWSC 1031

MKH v JBH [2016] NSWSC 1031

It is inappropriate and premature to appoint a protected estate manager for the defendant prior to the determination of his compensation claim, as it may interfere with those proceedings, the evidence is insufficient, and no demonstrated need for urgent appointment exists at this time.

Parties
Plaintiff: MKH; Defendant: JBH; Proposed Protected Estate Manager: Ability One Financial Management Pty Ltd
Jurisdiction
Australia
Judgment Date
26 July 2016
Procedural Posture
Application for Appointment of Protected Estate Manager / Interlocutory (adjournment Pending Compensation Determination)
Outcome
Application for appointment of protected estate manager adjourned until after compensation proceedings determined.
Legal Topics
Appointment of Protected Estate Manager, Compensation for Personal Injury, Costs of Funds Management
Mental Health Law Protective Jurisdiction Appointment of Protected Estate Manager Compensation for Personal Injury Costs of Funds Management

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Parties

MKH

Plaintiff

JBH

Defendant

Ability One Financial Management Pty Ltd

Proposed Protected Estate Manager

Procedural Posture

Application for Appointment of Protected Estate Manager / Interlocutory (adjournment Pending Compensation Determination)

Legal Issues

  1. 1 Whether a protected estate manager should be appointed in anticipation of resolution of personal injury compensation proceedings involving the defendant
  2. 2 Whether premature appointment would affect conduct and management of pending compensation claim

Ratio Decidendi

It is inappropriate and premature to appoint a protected estate manager for the defendant prior to the determination of his compensation claim, as it may interfere with those proceedings, the evidence is insufficient, and no demonstrated need for urgent appointment exists at this time.

Court Disposition

Application for appointment of protected estate manager adjourned until after compensation proceedings determined.

Orders

  • Summons be listed before the Protective List Judge on 10 October 2016.
  • Note that the related District Court proceedings are part heard and yet to be determined.