MJM v DT [2020] NSWSC 1881

Supreme Court New South Wales

Medium Neutral Citation: MJM v DT [2020] NSWSC 1881 Hearing dates: 9 and 14 December 2020 Date of orders: 18 December 2020 Decision date: 18 December 2020 Jurisdiction: Equity - Duty List Before: Robb J Decision: Order that the applicant's notice of motion be dismissed. See also [93] and [94] below. Catchwords: CORPORATIONS — Directors and officers — Authority and powers — whether assets may be accessed — where the allocation of shares is such that there is not enough voting power to do so. CIVIL PROCEDURE — Cross-vesting — Transfer to Family Court of Australia — Relevant factors — where interim relief has already been sought in the Family Court of Australia that would achieve the interlocutory outcome sought in this Court — transfer order refused. Legislation Cited: Family Law Act 1975 (Cth) Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW) NSW Trustee and Guardian Act 2009 (NSW) Cases Cited: Norton & Locke (2013) FLC 93-567; [2013] FamCAFC 202 Category: Procedural and other rulings Parties: MJM (plaintiff) DT (defendant) Representation: Counsel: J Ireland (sol) (plaintiff / respondent) E Cohen (defendant / applicant)

Solicitors: McGirr Lawyers (plaintiff / respondent) Livingston & Company Lawyers (defendant / applicant) File Number(s): 2020 / 344898

Judgment 1. On 21 February 2020, in proceedings No 37603 of 2020, Lindsay J made a declaration pursuant to s 41(1)(a) of the NSW Trustee and Guardian Act 2009 (NSW) (the Act) that the present plaintiff, MJM, is incapable of managing his affairs, and an order under the same provision that MJM's estate be subject to management under the Act. 2. By further order made under s 41(1)(b) of the Act, Sarah-Jane Huntington was appointed as manager of Mr MJM's estate, subject to the orders and directions of the NSW Trustee and Guardian (TAG). 3. Lindsay J also made an order that the daughter and a son of MJM, as well as his present solicitor, be appointed as a committee of the person of MJM (called "the Guardians" in the orders) with various powers stated in the orders to make decisions about various aspects of MJM's care. 4. I will follow the usual practice in the Protective List of this Court by anonymising the parties.