R v NSW Trustee and Guardian [2010] NSWSC 1154

R v NSW Trustee and Guardian [2010] NSWSC 1154

The Supreme Court, exercising its inherent jurisdiction, may appoint a tutor to act for a person under legal incapacity in District Court proceedings where the Manager of the estate has a conflict and the requirements of the Rules are otherwise met.

Parties
Plaintiff: R; Defendant: NSW Trustee and Guardian
Jurisdiction
Australia
Judgment Date
05 October 2010
Procedural Posture
Protective Jurisdiction Application / Appointment of Tutor for Plaintiff in District Court Proceedings
Outcome
Tutor appointed
Legal Topics
Tutor Appointment, Legal Incapacity, Inherent Jurisdiction
Protective Jurisdiction Equity Tutor Appointment Legal Incapacity Inherent Jurisdiction

Case Brief

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Parties

R

Plaintiff

NSW Trustee and Guardian

Defendant

Procedural Posture

Protective Jurisdiction Application / Appointment of Tutor for Plaintiff in District Court Proceedings

Legal Issues

  1. 1 Whether Supreme Court has power to appoint a tutor for a plaintiff in District Court proceedings
  2. 2 Whether an order appointing a tutor should be made in the present case

Ratio Decidendi

The Supreme Court, exercising its inherent jurisdiction, may appoint a tutor to act for a person under legal incapacity in District Court proceedings where the Manager of the estate has a conflict and the requirements of the Rules are otherwise met.

Court Disposition

Tutor appointed

Orders

  • Mrs K appointed as tutor for R in proceedings in the District Court of New South Wales 104/2008 pursuant to UCPR 7.18(1)(a) and the Court's inherent jurisdiction.
  • Order to be passed and entered forthwith.