Re WS [2017] NSWSC 745

Re WS [2017] NSWSC 745

On the medical evidence of Drs Large, Janus and Phillips, supported by the Court's observations of the plaintiff, the plaintiff was capable of managing ordinary day-to-day affairs but, because of his ongoing mental illness, fixation on perceived injustice, inability consistently to distinguish relevance, inability to assess evidence and prospects objectively, non-compliance with procedural norms, lack of insight, and health risks caused by litigation stress, he was not capable of managing his own affairs insofar as they concerned the conduct of these proceedings without the intervention of a tutor or similar protective measure.

Jurisdiction
Australia
Judgment Date
27 June 2017
Procedural Posture
Protective Jurisdiction Proceedings Concerning Capacity to Manage Litigation and Possible Appointment of a Tutor / Determination of Common Separate Questions Before Any Other Question in Two Proceedings; Consequential Orders Adjourned
Outcome
The Court determined that the plaintiff is a person not capable of managing his affairs within the meaning of section 41 of the NSW Trustee and Guardian Act 2009 NSW and rule 7.13 of the Uniform Civil Procedure Rules 2005 NSW insofar as those affairs concern the conduct of the proceedings, and adjourned the...
Legal Topics
['litigant in Person' 'capacity to Manage Affairs' 'person Under Legal Incapacity' 'appointment of Tutor' 'task and Time Specific Capacity Assessment']
['protective Jurisdiction' 'mental Health' 'civil Procedure'] ['litigant in Person' 'capacity to Manage Affairs' 'person Under Legal Incapacity' 'appointment of Tutor' 'task and Time Specific Capacity Assessment']

Case Brief

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Procedural Posture

Protective Jurisdiction Proceedings Concerning Capacity to Manage Litigation and Possible Appointment of a Tutor / Determination of Common Separate Questions Before Any Other Question in Two Proceedings; Consequential Orders Adjourned

Legal Issues

  1. 1 ['Whether the plaintiff is a person incapable of managing his affairs within the meaning of section 41 of the NSW Trustee and Guardian Act 2009 NSW and/or rule 7.13 of the Uniform Civil Procedure Rules 2005 NSW insofar as those affairs concern the conduct of the proceedings.' 'If so, what consequential orders should be made affecting the plaintiff and/or the proceedings.']

Ratio Decidendi

On the medical evidence of Drs Large, Janus and Phillips, supported by the Court's observations of the plaintiff, the plaintiff was capable of managing ordinary day-to-day affairs but, because of his ongoing mental illness, fixation on perceived injustice, inability consistently to distinguish relevance, inability to assess evidence and prospects objectively, non-compliance with procedural norms, lack of insight, and health risks caused by litigation stress, he was not capable of managing his own affairs insofar as they concerned the conduct of these proceedings without the intervention of a tutor or similar protective measure.

Court Disposition

The Court determined that the plaintiff is a person not capable of managing his affairs within the meaning of section 41 of the NSW Trustee and Guardian Act 2009 NSW and rule 7.13 of the Uniform Civil Procedure Rules 2005 NSW insofar as those affairs concern the conduct of the proceedings, and adjourned the...

Orders

  • ['A determination that the plaintiff is a person who is not capable of managing his affairs within the meaning of both section 41 of the NSW Trustee and Guardian Act 2009 NSW and rule 7.13 of the Uniform Civil Procedure Rules 2005 NSW insofar as those affairs concern the conduct of these proceedings.' 'Proceedings...