Removal of tutor: Medical claim

Stephen Nurrish by his tutor Janice Nurrish v Schwander [2016] NSWSC 91 provides a useful precedent regarding the removal of a tutor. The defendant did not oppose the application.

The tutor had been necessary at the time of issue of proceedings, the claimant having suffered a stroke with consequent cognitive deficits. Expert evidence suggested that the claimant was no longer incapable of conducting his own litigation, although his recovery was not complete.

At [19] the court took into account the expectation that the claimant would enjoy the ongoing assistance of his wife, quite apart from his solicitor and barrister, in the proceedings; it is certainly not as if he is attempting to prosecute his claim on his own.

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