Re H [2013] NSWSC 1384

Re H [2013] NSWSC 1384

The plaintiff has not demonstrated a serious question to be tried that would justify removal of the second defendant as enduring guardian or the granting of continued injunctive relief restraining the guardian from relocating the first defendant. The circumstances do not warrant further injunctive relief, given previous tribunal findings and the incomplete evidence before the Court.

Parties
Plaintiff: WH; 1st Defendant: SH; 2nd Defendant: WK; 3rd Defendant: Public Guardian
Jurisdiction
Australia
Judgment Date
13 September 2013
Procedural Posture
Interlocutory Application / Interlocutory (application to Continue Injunction)
Outcome
Application to extend injunctive relief declined; questions including costs reserved.
Legal Topics
Injunctions, Relocation of Person Under Guardianship, Appointment and Removal of Guardian, Best Interests of Represented Person
Guardianship Equity Injunctions Relocation of Person Under Guardianship Appointment and Removal of Guardian Best Interests of Represented Person

Case Brief

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Parties

WH

Plaintiff

SH

1st Defendant

WK

2nd Defendant

Public Guardian

3rd Defendant

Procedural Posture

Interlocutory Application / Interlocutory (application to Continue Injunction)

Legal Issues

  1. 1 Whether a serious question to be tried exists for revocation of the enduring guardianship and appointment of a new guardian
  2. 2 Whether the second defendant's plan to move the first defendant home justifies removal as guardian
  3. 3 Whether injunctive relief restraining the guardian from relocating the first defendant should be extended

Ratio Decidendi

The plaintiff has not demonstrated a serious question to be tried that would justify removal of the second defendant as enduring guardian or the granting of continued injunctive relief restraining the guardian from relocating the first defendant. The circumstances do not warrant further injunctive relief, given previous tribunal findings and the incomplete evidence before the Court.

Court Disposition

Application to extend injunctive relief declined; questions including costs reserved.

Orders

  • Stand the amended summons over to the Protective List judge on 23 September 2013.
  • Parties to be heard on costs and any further orders.