Collis v Collis [2013] NSWSC 2022

Collis v Collis [2013] NSWSC 2022

On the medical and psychological evidence, including reports from Dr Jungfer, Dr Buckley, Dr Westmore and Ms Batchelor, the Plaintiff had significantly improved and was now well able to conduct her own affairs according to the capacity test in PY & and RJS; accordingly, the prior declaration of incapacity and estate management orders should be revoked.

Jurisdiction
Australia
Judgment Date
09 December 2013
Procedural Posture
Interlocutory Application / Application Under S 86 of the NSW Trustee and Guardian Act 2009 to Revoke Declarations and Orders Made on 26 August 2009 Concerning Management of the Plaintiff's Estate
Outcome
Application granted; prior declaration and estate management orders revoked, and the Defendants ordered to release control of the Plaintiff's estate and be discharged as managers.
Legal Topics
['capacity to Manage Affairs' 'revocation of Financial Management Orders' 'traumatic Brain Injury']
['guardianship' 'estate Management'] ['capacity to Manage Affairs' 'revocation of Financial Management Orders' 'traumatic Brain Injury']

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Procedural Posture

Interlocutory Application / Application Under S 86 of the NSW Trustee and Guardian Act 2009 to Revoke Declarations and Orders Made on 26 August 2009 Concerning Management of the Plaintiff's Estate

Legal Issues

  1. 1 ['Whether the Plaintiff remained incapable of managing her affairs.' 'Whether the declarations and orders made by McCallum J on 26 August 2009 should be revoked under s 86 of the NSW Trustee and Guardian Act 2009.']

Ratio Decidendi

On the medical and psychological evidence, including reports from Dr Jungfer, Dr Buckley, Dr Westmore and Ms Batchelor, the Plaintiff had significantly improved and was now well able to conduct her own affairs according to the capacity test in PY & and RJS; accordingly, the prior declaration of incapacity and estate management orders should be revoked.

Court Disposition

Application granted; prior declaration and estate management orders revoked, and the Defendants ordered to release control of the Plaintiff's estate and be discharged as managers.

Orders

  • ['An order pursuant to s 86(1)(a) of the NSW Trustee and Guardian Act 2009 revoking a declaration made by Justice McCallum on 26 August 2009 pursuant to s 41(1)(a) of the Act that the Plaintiff is incapable of managing her affairs.' 'An order pursuant to s 86(1)(b) of the Act revoking an order made by Justice...