R by his tutor NSW Trustee v L [2021] NSWSC 1237

Supreme Court New South Wales

Medium Neutral Citation: R by his tutor NSW Trustee v L [2021] NSWSC 1237 Hearing dates: 27 September 2021 Date of orders: 28 September 2021 Decision date: 28 September 2021 Jurisdiction: Equity - Protective List Before: Lindsay J Decision: A claim by the daughter of a protected person for an order that the NSW Trustee be removed as the financial manager of a protected estate dismissed without prejudice to such, if any, entitlements the claimant might have to apply to NCAT for review of a decision to be made by the NSW Trustee about a sale of land in management of the estate. Catchwords: MENTAL HEALTH — Management of estate — Administration by NSW Trustee — Application by daughter of protected person that NSW Trustee be removed as financial manager and that she be appointed as financial manager instead — Application dismissed Legislation Cited: Civil and Administrative Tribunal Act 2013 NSW Guardianship Act 1987 NSW NSW Trustee and Guardian Act 2009 NSW Cases Cited: CAC v Secretary, Department of Family and Community Services (No 2) [2015] NSWSC 344 CCR v PS (No 2) (1986) 6 NSWLR 622 Holt v Protective Commissioner (1993) 31 NSWLR 227 LP v P (2018) 98 NSWLR 377 M v M [2013] NSWSC 1495 Category: Principal judgment Parties: Plaintiff: R (a protected person) by his tutor NSW Trustee Defendant: L, a daughter of R Cross-claimant: L Cross-defendant: NSW Trustee as tutor for R Representation: Counsel: Plaintiff: C Zucker, solicitor Defendant: self-represented Cross-claimant: self-represented Cross-defendant: J Brouwer, solicitor