Rm v Cm

[2026] NSWSC 200

Supreme Court of NSW

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Interrogate

Catchwords

1. PROTECTIVE JURISDICTION — Litigant in person — Person incapable of managing affairs — Where second defendant has made repeated assurances as to intention to obtain legal representation — Where second defendant has repeatedly failed to attend Court-ordered independent medical assessment of capacity — Whether NSW Trustee and Guardian should be appointed as protected estate manager and tutor

Quick Take

Confirms that where a litigant repeatedly refuses or fails to attend court-ordered capacity assessments, the court may determine incapacity on the materials otherwise available, including its own observations of the litigant's behaviour and communications, without a formal medical report.

Case Details

Citation[2026] NSWSC 200

CourtNSWSC

JurisdictionNew South Wales

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Relies on3

2015A v ANSWSC 1778
2015H v HNSWSC 837
2015Cj v AkjNSWSC 498

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