Secretary, NSW Department of Communities and Justice and Anor v ZYM and Anor [2022] NSWSC 935

Supreme Court New South Wales

Medium Neutral Citation: Secretary, NSW Department of Communities and Justice and Anor v ZYM and Anor [2022] NSWSC 935 Hearing dates: 12 July 2022 Date of orders: 12 July 2022 Decision date: 12 July 2022 Jurisdiction: Equity Before: Lindsay J Decision: Orders made for the appointment of a licensed trustee company as manager of the protected estate of an incapable person Catchwords: GUARDIANSHIP – Guardians, committees, administrators, managers and receivers – Appointment – Private manager – Licensed trustee company – "Suitable person" to manage large estate – Authorization of remuneration for manager Legislation Cited: Civil Procedure Act 2005 NSW Corporations Act 2001 Cth Guardianship Act 1987 NSW NSW Trustee and Guardian Act 2009 NSW Cases Cited: Ability One Financial Management and Anor v JB by his tutor AB [2014] NSWSC 245 Holt v Protective Commission (1993) 31 NSWLR 227 M v M [2013] NSWSC 1495 Re Managed Estates Remuneration Orders [2014] NSWSC 363 Category: Principal judgment Parties: First Plaintiff: Secretary, NSW Department of Communities and Justice Second Plaintiff: Australian Executor Trustees Limited First Defendant: ZYM, an incapable person Second Defendant: NSW Trustee Representation: Counsel: Plaintiffs: J Smith, solicitor Defendants: T Lau, solicitor

Solicitors: Plaintiffs: Care Legal Second Defendant: NSW Trustee File Number(s): 2022/00203328