IA v TA

The applicant, IA, who was the subject of a managed estate order and appointed as a tutor for litigation purposes, sought leave to appeal a decision of the primary judge. IA was a protected person under the *NSW Trustee and Guardian Act 2009* (NSW). The appeal concerned whether the primary judge erred in failing to make arrangements to hear the oral evidence of IA's treating psychiatrist and whether IA was denied procedural fairness.

The issues before the Court of Appeal were whether the primary judge had a duty to ensure that IA's oral evidence, specifically from her treating psychiatrist, was heard, and whether the failure to do so constituted a denial of procedural fairness. The Court was also required to consider the procedural requirements for IA to commence and carry on the proceedings as a protected person.

The Court of Appeal found that the primary judge had erred in not making adequate arrangements for the oral evidence of the treating psychiatrist to be heard, which amounted to a denial of procedural fairness. The Court applied principles of procedural fairness, emphasizing the importance of a party being able to present their case effectively, particularly when their capacity is in question. The Court also dispensed with certain procedural requirements under rule 7.14 of the *Uniform Civil Procedure Rules 2005* (NSW) to allow the appeal to proceed.

The appeal was allowed. The orders of the primary judge were set aside, and the matter was remitted to the Equity Division for determination in accordance with the Court of Appeal's reasons. Each party was ordered to bear their own costs of the appeal.