Pamela Anne COLLIS BHT Elyshia Leanne COLLIS [2009] NSWSC 852

Pamela Anne COLLIS BHT Elyshia Leanne COLLIS [2009] NSWSC 852

On the balance of probabilities, Mrs Collis is incapable of managing her own affairs due to severe brain injury, and the proposed managers (daughter, solicitor, accountant) are suitable, acting jointly, to manage her estate in her best interests.

Jurisdiction
Australia
Judgment Date
26 August 2009
Procedural Posture
Application for Declaration and Management Order / Judgment
Outcome
Orders made appointing three nominated private managers and declaration of incapacity.
Legal Topics
['incapacity' 'appointment of Estate Managers' 'protected Persons']
['common Law'] ['incapacity' 'appointment of Estate Managers' 'protected Persons']

Case Brief

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Procedural Posture

Application for Declaration and Management Order / Judgment

Legal Issues

  1. 1 ['Whether Mrs Collis is incapable of managing her own affairs under s 41(1)(a) of the NSW Trustee and Guardian Act 2009' 'Whether the proposed managers are suitable persons under s 41(1)(b)']

Ratio Decidendi

On the balance of probabilities, Mrs Collis is incapable of managing her own affairs due to severe brain injury, and the proposed managers (daughter, solicitor, accountant) are suitable, acting jointly, to manage her estate in her best interests.

Court Disposition

Orders made appointing three nominated private managers and declaration of incapacity.

Orders

  • ['Undertaking by Mr Storie to apply for solicitor/client costs assessment for acting for plaintiff in District Court and these proceedings.' 'Orders 2A, 2B, 2C and 3 in the amended summons filed 30 July 2009.']