Re KA [2020] NSWSC 1696

Re KA [2020] NSWSC 1696

Given the Court's paramount duty to protect vulnerable persons and the uncertainties about the fifth defendant's capacity and wishes in circumstances of her isolation and potential undue influence, the Court found it necessary to make interlocutory orders facilitating independent medical and visitor's reports and the appointment of the NSW Trustee as receiver and manager of part of her estate.

Parties
Plaintiff: SR; First Defendant: MD; Second Defendant: DP; Third Defendant: TM; Fourth Defendant: NT; Fifth Defendant: KA; Non Party/interested Party: NSW Trustee
Jurisdiction
Australia
Judgment Date
27 November 2020
Procedural Posture
Equity Protective List / Interlocutory Orders
Outcome
Interlocutory orders made
Legal Topics
Interlocutory Relief, Capacity of a Person, Appointment of Receiver, Management of the Affairs of a Vulnerable Person, Independent Medical Examination
Protective Jurisdiction Equity Interlocutory Relief Capacity of a Person Appointment of Receiver Management of the Affairs of a Vulnerable Person Independent Medical Examination

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Parties

SR

Plaintiff

MD

First Defendant

DP

Second Defendant

TM

Third Defendant

NT

Fourth Defendant

KA

Fifth Defendant

NSW Trustee

Non Party/interested Party

Procedural Posture

Equity Protective List / Interlocutory Orders

Legal Issues

  1. 1 Whether to make interlocutory orders to facilitate an independent medical examination and visitor's report regarding a vulnerable person's capacity for self-management and self-expression
  2. 2 Whether the NSW Trustee should be appointed as receiver and manager of a trust fund to that effect
  3. 3 Whether orders should be made in the best interests of the vulnerable person despite her opposition

Ratio Decidendi

Given the Court's paramount duty to protect vulnerable persons and the uncertainties about the fifth defendant's capacity and wishes in circumstances of her isolation and potential undue influence, the Court found it necessary to make interlocutory orders facilitating independent medical and visitor's reports and the appointment of the NSW Trustee as receiver and manager of part of her estate.

Court Disposition

Interlocutory orders made

Orders

  • The NSW Trustee is appointed as receiver and manager of the estate of the fifth defendant (limited to funds held by the fourth defendant on account of the fifth defendant).
  • The fifth defendant is to be medically examined by Associate Professor Tuly Rosenfeld (with a Serbian translator), with costs initially paid from the protected estate.