Carey v Carey [2020] NSWSC 765

Carey v Carey [2020] NSWSC 765

The evidence before the Court is insufficient, lacking both medical evidence and direct evidence from the plaintiff, to establish that she is under legal incapacity; thus, the application for appointment of a tutor is refused.

Jurisdiction
Australia
Judgment Date
18 June 2020
Procedural Posture
Civil / Application for Appointment of Tutor; Interlocutory Ruling
Outcome
Application for appointment of tutor refused; costs awarded to defendant.
Legal Topics
['tutor or Litigation Guardian Appointment' 'legal Incapacity' 'evidence Requirements']
['civil Procedure' 'equity'] ['tutor or Litigation Guardian Appointment' 'legal Incapacity' 'evidence Requirements']

Case Brief

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Procedural Posture

Civil / Application for Appointment of Tutor; Interlocutory Ruling

Legal Issues

  1. 1 ['Whether the plaintiff is under legal incapacity for the purposes of appointment of a tutor under UCPR r 7.14' 'Whether sufficient evidence, particularly medical evidence, supports the appointment of a tutor']

Ratio Decidendi

The evidence before the Court is insufficient, lacking both medical evidence and direct evidence from the plaintiff, to establish that she is under legal incapacity; thus, the application for appointment of a tutor is refused.

Court Disposition

Application for appointment of tutor refused; costs awarded to defendant.

Orders

  • ["Plaintiff's Notice of Motion filed on 6 March 2020 is dismissed." "Plaintiff to pay the defendant's costs of the motion on the ordinary basis."]