Bollinger v Bell; The Estate of the Late Colin Bell [2022] NSWSC 486

Supreme Court New South Wales

Medium Neutral Citation: Bollinger v Bell; The Estate of the Late Colin Bell [2022] NSWSC 486 Hearing dates: 12, 14 & 20 April 2022 Date of orders: 21 April 2022 Decision date: 26 April 2022 Jurisdiction: Equity - Duty List Before: Slattery J Decision: Separate question decided. Orders made in relation to the other contested issues concerning the future management of the deceased's estate. Catchwords: PROTECTIVE PROCEEDINGS – guardianship – determination of separate question – Uniform Civil Procedure Rules, r 28.2 – widow of a deceased person applies for the continuation of orders that were made against the living estate of a "managed person", when he was subject to management orders in protective proceedings brought under the NSW Trustee and Guardian Act 1987 – whether existing orders made in the protective proceedings bind the estate of the deceased after his death – effect of NSW Trustee and Guardian Act, s 93 – what directions should be made in respect of other contested issues concerning the future management of the deceased's estate, including the appointment of a special administrator. Legislation Cited: NSW Trustee and Guardian Act 1987, Division 5 Family Law Act 1975 (Cth) Probate and Administration Act 1898 Succession Act 2006 Uniform Civil Procedure Rule 2005, r 28.2 Category: Procedural rulings Parties: Plaintiff: Donna-May Bollinger Defendant: Ned Joseph Bell Representation: Counsel: Plaintiff: J. Brown Defendant: I. Jackman SC; A. Langshaw