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At full capacity: Farr v State of Queensland [2009] NSWSC 906


The factors to be considered in assessing whether a plaintiff has capacity to carry on and settle proceedings and whether they are incapable of managing their affairs was recently determined in the Supreme Court of NSW. Here, the plaintiff brought a medical negligence claim against the state of Queensland, the South Eastern Area Health Service and the Sydney South West Area Health service, for her management and treatment at various hospitals between 1 February 1999 and 19 July 2006. She alleged that the defendants negligently made and maintained a diagnosis of myasthenia gravis and failed to treat her psychiatric symptoms, such that she developed a condition known as 'conversion disorder'.

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