Thomas By His Tutor Dorothy Jean Hinton v Howe [2021] NSWDC 106

District Court New South Wales

Medium Neutral Citation: Thomas By His Tutor Dorothy Jean Hinton v Howe [2021] NSWDC 106 Hearing dates: On the papers Date of orders: 1 April 2021 Decision date: 01 April 2021 Jurisdiction: Civil Before: Dicker SC DCJ Decision: (1) Pursuant to section 76 of the Civil Procedure Act 2005 (NSW), the court approves the compromise of the funds management expenses to be paid by the defendant in the sum of $220,000 ("the Sum"). (2) Pursuant to section 77(3) of the Civil Procedure Act 2005 (NSW), and subject to any order or direction of the NSW Trustee and Guardian, the Sum referred to in Order 1 be paid to Australian Unity Trustees Limited in its capacity as manager of the protected estate of Matthew Thomas. Catchwords: PROTECTED PERSON – uncontested application for approval of settlement of reserved funds management expenses – approval considered in the light of Supreme Court declaration that the plaintiff is incapable of managing his affairs and an order that his estate be subject to management under the NSW Trustee and Guardian Act 2009 (NSW) Legislation Cited: NSW Trustee and Guardian Act 2009 (NSW) Civil Procedure Act 2005 (NSW) Cases Cited: Fairhurst (bht NSW Trustee and Guardian) v Fairhurst [2012] NSWSC 388 Institoris (bhnf Maria Institoris) v Falconer [2012] NSWCA 298 Wigmans v AMP Limited [2021] HCA 7 Category: Consequential orders Parties: Matthew William Thomas By His Tutor Dorothy Jean Hinton (Plaintiff) Clare Howe (Defendant) Representation: Counsel:

Solicitors: Kells (Plaintiff) Hall and Wilcox (Defendant) File Number(s): 2006/00299257