Poole by his tutor Poole v Sivris

Judgment

1. By notice of motion filed on 25 April 2020, the plaintiff through his tutor brings an application for removal of the tutor for the remainder of these proceedings, which are listed for hearing on 20 July 2020 (estimate four days). The defendant neither consents to nor opposes the application brought.
2. The plaintiff's application is supported by the tutor and his solicitors, who have put before me a series of medical reports concerning the plaintiff's current wellbeing.
3. The affidavit material filed in support of the application is as follows: 1. Affidavit of Thomas Goudkamp sworn 23 April 2020; 2. Affidavit of Thomas Goudkamp sworn on 6 May 2020; 3. Affidavit of the tutor sworn on 7 May 2020; and 4. Affidavit of the plaintiff sworn on 12 May 2020;
4. The plaintiff claims damages arising from the circumstances in which he was struck by a vehicle whilst a pedestrian on 11 January 2017. The plaintiff suffered a severe traumatic brain injury with a Glasgow Coma reading of 3 out of 15. His injuries and subsequent treatment are described by Dr Alexandra J Walker in a neuropsychological report dated 25 January 2019 as follows: "He was treated at St George Hospital (11/1/17 to 21/2/17) and CT brain scan was stated to show right subdural haematoma, right temporal contusion, right cerebral oedema and 3mm midline shift to the left, right basal ganglia and lentiform nucleus haemorrhages, left temporal haemorrhages and left frontal bone fracture. He required EVD and was managed in ICU for raised intracranial pressure. His neurological recovery was slow and he was agitated and restless. He developed right arm thrombosis which resolved with Clexane. He commenced rehabilitation at Liverpool Hospital and was then transferred to Royal Rehab (15/6/17 to 1/9/17). Post traumatic amnesia was 57 days. Mr Poole had poor insight, planning, problem and memory on initial neuropsychological assessment at Liverpool Hospital and in the context of significant debts, his brother Damian was appointed as his Financial Manager on 10/3/17; his current Financial Manager is understood to be his accountant. The public guardian was appointed to make lifestyle decisions for 12 months from 29/3/17; this has now lapsed. Neuropsychological assessment by Joe Hanna in July 2017 demonstrated significant improvement since the initial assessment with residual difficulties with concentration, particularly divided attention and visual attention, poor planning and mildly reduce speed of processing information. Occupational Therapist Belinda Carr reported (26/9/18) that Mr Poole was capable of using strategies such as note taking, audio recording of information and organising information but required additional time, prompting to use them consistently and assistance with time management and setting up systems. Issues with fatigue were also noted. Speech pathologist Colleen Kerr (22/8/18) noted considerable improvement but there were issues with inappropriate laughter and aspects of communication, such as misreading emails; dysarthric speech with erratic rate and intermittent precision; poor scheduling and reluctance to practice with assistance. Psychologically, Joe Hanna (15/9/18) has continued to work with Mr Poole to help with mood and confidence, anxiety, improving relationships and adjusting to the effects of the injury. Dr Bui (4/8/18) noted that Mr Poole has a shuffling gait and poor balance with a high risk of falls with a progressive physical decline over the 12 months with numbness and incoordination in both legs. Dr Bui noted that Mr Poole reported an improvement in energy levels with Ritalin. Nerida Savage is working with Mr Poole on steps to return to work in a suitable role."