Sparks-Simpson as tutor for Sparks v Gerringong Chiropractic Pty Ltd

Judgment

1. Following the approval of a settlement of proceedings in this court, the plaintiff brings an application, pursuant to r 7.18 of the Uniform Civil Procedure Rules 2005 (NSW) ("UCPR"), for removal of the tutor and variation of the settlement agreement to provide that the settlement monies be paid to him directly.
2. The plaintiff's application is supported by the tutor and by his medical practitioners. The affidavit material filed in support of the application is as follows: 1. Affidavit of Frances Smith sworn 18 February 2020; 2. Affidavit of the plaintiff sworn 24 February 2020; 3. Affidavit of the tutor sworn 24 February 2020; 4. Further affidavit of Frances Smith sworn 24 February 2020 attaching reports from the plaintiff's general practitioner and psychiatrist.
3. The NSW Trustee & Guardian, to which organisation the funds had been paid by the defendant, wrote to the solicitors for the plaintiff on 29 October 2019 and subsequently advising that the orders provided to them by the parties were defective and that the court should be approached for further orders. As is set out in the first affidavit provided by Ms Smith, subsequent consultations between the parties resulted in the tutor advising that the plaintiff was not only now able to manage his own financial affairs, but was in fact doing so, and querying whether in those circumstances the funds could be released from further supervision so that the plaintiff could purchase a house and return to the normal lifestyle he enjoyed before the onset of psychiatric illness which occurred part-way through these proceedings had warranted the appointing of a tutor.
4. By reason of the defect in the orders as referred to in the NSW Trustee & Guardian's correspondence, it was necessary for the funds to be returned and the orders reformulated in any event. For this reason, I made orders on 21 February 2020 as follows: 1. By consent, revoke Order 4 of her Honour Judge Gibson's orders made and entered on 18 October 2019 in District Court proceedings Mary Josephine Sparks-Simpson as tutor for Jason Matthew Sparks v Gerringong Chiropractic Pty Ltd (2018/54678). 2. Order the NSW Trustee and Guardian to pay the sum of [amount redacted] (or such other sum as may currently be in its possession) into the District Court's account, the details of which are set out below, such sum to be paid forthwith, pending further order: [bank account details redacted] 3. Matter stood over to Wednesday 26 February 2020 at 10:00am before Gibson DCJ for further orders. 4. A copy of these orders is to be provided by the Associate to Judge Gibson to the Chief Executive Officer of the NSW Trustee & Guardian and to the relevant legal officer of that organisation (Mr Michael Mobberley).