27Notice to proceed to committee of estate of mentally disordered person

### 27 Notice to proceed to committee of estate of mentally disordered person > > (1)  *\[Section 27 Subsection (1) amended by No. 3 of 1991, s. 7 and Sched. 1 \]*Where a person under a disability has a cause of action against another person (in this section referred to as "the prospective defendant") that other person may, in accordance with this section, serve a notice to proceed, and when that notice has been served the person under the disability shall, in relation to any action brought on that cause of action against the prospective defendant or his successor, be deemed to have ceased to be a person under a disability. > > > (2)  [*\[Section 27 Subsection (2) amended by No. 33 of 1996, Sched. 1, Applied:01 Sep 1997\]*](/view/html/inforce/1997-09-01/act-1996-033#JS1@Ja6@GC2@EN) *\[Section 27 Subsection (2) amended by No. 20 of 1995, s. 5 and Sched. 3 \]*Where there is a person authorized under the [Guardianship and Administration Act 1995](/view/html/inforce/2026-04-12/act-1995-044) to conduct in the name and on behalf of the person under a disability proceedings on the cause of action referred to in [subsection (1)](#GS27@Gs1@EN) the notice to proceed shall, in any case, be served on The Public Trustee, and, if The Public Trustee is not the person so authorized, also on that person. > > > (3)  *\[Section 27 Subsection (3) amended by No. 20 of 1995, s. 5 and Sched. 3 \]*Except in a case where [subsection (2)](#GS27@Gs2@EN) applies, the notice to proceed shall be served – > > > > > > (a) if the person under a disability is an infant, on the Crown Solicitor and also on the father or guardian of that person, or, if he has no father or guardian, on the person with whom he resides or in whose care he is; and > > > > > > > (b) in any other case, on The Public Trustee and also on the person with whom the person under a disability resides or in whose care he is. > > > (4)  A notice to proceed under this section shall be in writing addressed to the person on whom it is served and signed by the person by whom it is served and shall – > > > > > > (a) state the name of the person under a disability; > > > > > > > (b) state the circumstances out of which the cause of action arose, or may be claimed to arise, with such particularity as is necessary to enable the person on whom the notice is served to investigate the question whether the person under a disability has a cause of action; and > > > > > > > (c) give warning that a cause of action arising out of the circumstances of the notice is liable to be barred by this Act. > > > (5)  Minor deviations from the requirements of [subsection (4)](#GS27@Gs4@EN) , not affecting the substance nor likely to mislead, do not affect the validity of a notice to proceed. > > > (6)  A notice to proceed may be served on any person – > > > > > > (a) by delivering it to him personally; > > > > > > > (b) by leaving it addressed to him at his usual or last known place of abode or business; or > > > > > > > (c) by posting it by certified mail addressed to him at his usual or last known place of abode or business. > > > (7)  Notwithstanding anything in the foregoing provisions a judge, upon application by the prospective defendant, may give directions as to the person on whom, or the manner in which, a notice to proceed may be served, and service of that notice in accordance with those directions shall be deemed to be service in accordance with this section. > > > (8)  A notice to proceed under this section shall not be treated as an admission or acknowledgement by the person by whom it is given.