HSBC Bank Australia v Chang [2008] NSWSC 948

The borrower’s daughter attempted to have herself appointed to run the possession proceedings on her behalf on the grounds of mental health. The judge held:

I am not satisfied that the defendant has established that she is suffering under a legal incapacity… there is no evidence that she is incommunicate or unable to receive communications or express her will with. At its highest, the evidence is that commensurate with her current and persisting psychiatric disorder fluctuating levels of anxiety render her resistant to participating in the litigation

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