Menzies v Menzies Summary

SUPREME COURT OF NORFOLK ISLAND

Menzies v Menzies [1999] NFSC 1

Lunacy Act (NSW) 1898

IN THE MATTER of the Lunacy Act 1898 of New South Wales in its application to Norfolk Island RE: EIZABETH MAY MENZIES; EX PARTE: NANCY LORETTA MENZIES

CORAM: BEAUMONT CJ

DATE: 6 SEPTEMBER 1999

IN THE SUPREME COURT )

) SC 8 of 1999

OF NORFOLK ISLAND )

IN THE MATTER of the Lunacy Act 1898 of New South Wales in its application to Norfolk Island
RE: ELIZABETH MAY MENZIES
EX PARTE: NANCY LORETTA MENZIES
Applicant

REASONS FOR JUDGMENT

BEAUMONT CJ:
This is an application under s 103 of the Lunacy Act (NSW) 1898 (being incorporated into the Lunacy Ordinance 1932) in respect of the affairs of Elizabeth May Menzies. Before hearing the application in court I was present at an interview of Mrs Menzies in company with the applicant and her counsel and Dr Fletcher at the Norfolk Island Hospital.

Having considered the affidavit material which has been lodged in support of the application and in the light of the interview with Mrs Menzies, I am of the opinion that this application should be granted and the orders which are sought should be made.

Accordingly, I make orders in terms of paragraphs 1 to 6 inclusive of the notice of motion dated 24 August 1999.

I certify that this page is a true copy of the Reasons for Judgment herein of his Honour Chief Justice Beaumont.

Associate:

Date: 6 September 1999

Appearing for the applicant: Mr J Brown
McIntyres, Solicitors

Date of Hearing: 6 September 1999

Date Judgment delivered: 6 September 1999

CaseChat Overview and Summary

Nancy Loretta Menzies made an application in the Supreme Court of Norfolk Island under the Lunacy Act 1898 of New South Wales, as incorporated into the Lunacy Ordinance 1932, concerning the affairs of her mother, Elizabeth May Menzies. Nancy sought orders under section 103 of the Act, which relate to the management and control of the estate of a person who is declared to be of unsound mind. The application was heard by Chief Justice Beaumont, who conducted an interview with Mrs Menzies in the company of the applicant, the applicant's counsel, and Dr Fletcher, a medical professional at the Norfolk Island Hospital.

The legal issues before the court were whether Elizabeth May Menzies was of unsound mind and whether the application for orders should be granted. The court considered the affidavit material submitted in support of the application, as well as the outcome of the interview with Mrs Menzies. After examining the evidence, Chief Justice Beaumont determined that the application should be granted and that the orders sought by Nancy Menzies should be made.

Based on the evidence presented and the interview, Chief Justice Beaumont concluded that Elizabeth May Menzies was indeed of unsound mind, and therefore, the application should be granted. As a result, the court made orders in accordance with the terms outlined in paragraphs 1 to 6 of the notice of motion dated 24 August 1999. These orders would likely include provisions for the management and control of Elizabeth May Menzies' estate, as well as any necessary medical or welfare arrangements. The final orders were delivered on the same day as the hearing, 6 September 1999.

Menzies v Menzies

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established