Her v MJM

The case involved a legal dispute between Her, the occupant of a unit, and MJM, the manager of a protected estate, which included the unit in question. The manager sought possession of the unit with the intention of selling it. Her, however, claimed that she was entitled to a share of the property due to a de facto relationship with the incapable person who owned the unit. The matter was before the court for directions regarding the commencement of possession proceedings against Her.

The primary legal issue was whether Her, as an occupant, could assert a claim to a share of the incapable person’s property based on her de facto relationship. The court had to determine the applicability of the relevant provisions under the Guardianship and Administration Act 2000, specifically sections 112 and 114, which outline the rights and entitlements of de facto partners in the context of a protected estate. Additionally, the court needed to consider the procedural implications of protective proceedings and the manager's ability to initiate possession proceedings against Her.

The court addressed the legal issues by examining the statutory provisions governing the rights of de facto partners in the context of an incapable person's estate. It was established that Her's claim to a share of the property was valid under the relevant sections of the Guardianship and Administration Act. However, the court also considered the manager's entitlement to possession of the unit for the purpose of sale. It was held that the manager's right to possession could be exercised, but only after Her's entitlement to a share of the property was determined and addressed. Directions were given for the commencement of possession proceedings against Her, subject to the resolution of her claim.

The final orders included directions for the commencement of possession proceedings against Her, contingent upon Her's entitlement to a share of the property being determined and addressed. The court's decision balanced the rights of the manager to possess and sell the unit with the need to recognise and protect Her's claim based on her de facto relationship with the incapable person.