Morgan v Trindall [2020] NSWDC 935

Morgan v Trindall [2020] NSWDC 935

Because the plaintiff remained an incapable person, the proceedings had continued for five years without a tutor, the NSW Trustee managed the plaintiff's estate, and further delay would serve no purpose, this was a rare case in which the Court should appoint the NSW Trustee as tutor, dispense with the consent...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
09 September 2020
Procedural Posture
Civil / Procedural Ruling on Appointment of Tutor for Plaintiff
Outcome
NSW Trustee appointed as tutor for the plaintiff; tutor's consent requirement dispensed with; costs enforcement against NSW Trustee restricted; matter listed for directions.
Legal Topics
['persons Under Legal Incapacity' 'tutors' 'costs' 'nsw Trustee']
['civil Procedure' 'mental Health'] ['persons Under Legal Incapacity' 'tutors' 'costs' 'nsw Trustee']

Source-derived case record

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 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Procedural Ruling on Appointment of Tutor for Plaintiff

Legal Issues

  1. 1 ['Whether the NSW Trustee should be appointed as tutor for the plaintiff pursuant to r 7.18 of the Uniform Civil Procedure Rules 2005.' "Whether the requirement for the tutor's consent under UCPR 7.16(a) and 7.18(5)(b) should be dispensed with under s 14 of the Civil Procedure Act 2005." 'Whether the NSW Trustee should be protected from enforcement of costs orders without leave of the Court.']

Ratio Decidendi

Because the plaintiff remained an incapable person, the proceedings had continued for five years without a tutor, the NSW Trustee managed the plaintiff's estate, and further delay would serve no purpose, this was a rare case in which the Court should appoint the NSW Trustee as tutor, dispense with the consent requirement, and protect the NSW Trustee from enforcement of costs orders without leave.

Court Disposition

NSW Trustee appointed as tutor for the plaintiff; tutor's consent requirement dispensed with; costs enforcement against NSW Trustee restricted; matter listed for directions.

Orders

  • ['The Court appoints the NSW Trustee as tutor for the plaintiff in the proceedings pursuant to r 7.18 of the Uniform Civil Procedure Rules 2005 on the condition proposed in order 3 hereof.' "Pursuant to s 14 of the Civil Procedure Act 2005, dispense with the requirement for the tutor's consent required in UCPR...