Stephen Nurrish by his tutor Janice Nurrish v Schwander [2016] NSWSC 91

Stephen Nurrish by his tutor Janice Nurrish v Schwander [2016] NSWSC 91

Medical and other evidentiary material establishes the plaintiff is no longer legally incapacitated, and the test for capacity (as per Chadwick LJ) is satisfied, so removal of the tutor is appropriate.

Parties
Plaintiff: Stephen Nurrish; Tutor: Janice Nurrish; Defendant: Andreas Schwander
Jurisdiction
Australia
Judgment Date
18 February 2016
Procedural Posture
Application for Removal of Tutor / Ruling on Notice of Motion
Outcome
Tutor removed; each party pays own costs; balance of notice of motion stood over.
Legal Topics
Removal of Tutor, Legal Incapacity, Civil Procedure
Practice and Procedure Removal of Tutor Legal Incapacity Civil Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Stephen Nurrish

Plaintiff

Janice Nurrish

Tutor

Andreas Schwander

Defendant

Procedural Posture

Application for Removal of Tutor / Ruling on Notice of Motion

Legal Issues

  1. 1 Whether plaintiff is still legally incapacitated and requires a tutor to conduct litigation

Ratio Decidendi

Medical and other evidentiary material establishes the plaintiff is no longer legally incapacitated, and the test for capacity (as per Chadwick LJ) is satisfied, so removal of the tutor is appropriate.

Court Disposition

Tutor removed; each party pays own costs; balance of notice of motion stood over.

Orders

  • Janice Nurrish is removed as the tutor for the plaintiff in these proceedings.
  • Each party is to pay his own costs of the proceedings before me.