RL v NSW Trustee and Guardian (No 2)

[2012] NSWCA 78

NSW Court of Appeal

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Interrogate

Catchwords

1. Mental Health
2. › Protected persons
3. › Effect of disability on civil rights and duties
4. › Death of protected person
5. › Whether rights concerning litigation begun by manager survive death
6. › Law Reform (Miscellaneous Provisions) Act 1944 (NSW), s 2
7. › NSW Trustee and Guardian Act 2009 (NSW), s 93
1. Practice and Procedure
2. › Death of party
3. › Survival of cause of action
4. › Manager of protected person brings litigation concerning administration of estate
5. › Death of protected person before orders made
6. › Procedural steps to enable litigation to be concluded
7. › Uniform Civil Procedure Rules 2005 (NSW), rr 6.30, 7.10
1. Words and Phrases
2. › Cause of action
3. › Wide construction in beneficial legislation
4. › Law Reform (Miscellaneous Provisions) Act 1944 (NSW), s 2

Quick Take

Rights claimed by a manager of a protected person's estate concerning the manner of administration constitute a 'cause of action' within s 2 of the Law Reform (Miscellaneous Provisions) Act 1944 (NSW), and proceedings do not abate on the death of the protected person. Where a protected person dies during litigation, UCPR r 7.10 provides a mechanism for appointing a representative of the deceased estate to finalise the proceedings, even before a grant of probate.

Case Details

Citation[2012] NSWCA 78

CourtNSWCA

JurisdictionNew South Wales

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Cited by1

2022Moananu v RNSWCCA 85

Relies on2

2012RL v NSW Trustee and GuardianNSWCA 39
2011RJL v NSW Trustee and Guardian; The Estate of PBLNSWSC 200

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