JINSON & FLETCHER

In the matter of JINSON & FLETCHER, the husband applied to the court for the appointment of a case guardian for the wife, who was the applicant in the substantive proceedings. The wife had been experiencing significant health issues, requiring hospitalisation and surgery, which at times rendered her unable to give instructions to her legal representatives. However, at the time the husband sought the appointment of a case guardian, the wife was capable of providing instructions. The court was presided over by Cronin J.

The primary legal issue before the court was whether it was necessary or appropriate to appoint a case guardian for the wife, given her fluctuating capacity to provide instructions. A secondary issue arose concerning costs, specifically in relation to the wife's unsuccessful application for an adjournment of a trial, which the court found lacked a satisfactory evidentiary basis.

Cronin J dismissed the husband's application for the appointment of a case guardian. The court reasoned that the wife was able to give instructions at the time the application was made, rendering the appointment of a case guardian unnecessary. Regarding costs, the court ordered that the wife pay the husband's costs on a party and party basis for the hearing on 24 September 2015, with such costs to be agreed or assessed. The husband's applications for costs concerning hearings on 8 October 2015 and 22 October 2015 were dismissed.