Murphy v Doman

The appeal concerned a dispute between Murphy (the plaintiff) and Doman (the defendant) in the District Court of New South Wales. The central issue revolved around the plaintiff's capacity to conduct litigation as a litigant in person, and the subsequent appointment of a guardian ad litem.

The primary legal question before the Court of Appeal was whether the District Court judge erred in finding that the plaintiff was not a person under a legal disability for the purposes of District Court Rules Pt 45, and consequently, in refusing to appoint a guardian ad litem. This involved determining the appropriate test for assessing a litigant's competence to manage their own legal affairs.

The Court of Appeal held that the District Court judge had applied an incorrect test. It found that the judge had focused too narrowly on the plaintiff's ability to understand the proceedings, rather than on their capacity to conduct the litigation effectively and protect their own interests. The Court reiterated that the test for a legal disability under Pt 45 requires an assessment of whether a person is unable to manage their own affairs by reason of mental infirmity or disorder. Applying this correct test, the Court concluded that the plaintiff did suffer from a legal disability.

Consequently, the Court of Appeal allowed the appeal, set aside the costs orders made by the District Court, and ordered that judgment be entered for the plaintiff for $13,970. The assessment of damages was remitted to the District Court for further hearing and determination by the original judge. The respondents were also granted a certificate under the Suitors' Fund Act.