FC v SC (No. 2) [2023] NSWSC 376

Supreme Court New South Wales

Medium Neutral Citation: FC v SC (No. 2) [2023] NSWSC 376 Hearing dates: 8 February and 8 March, 2023 Date of orders: 14 April 2023 Decision date: 14 April 2023 Jurisdiction: Equity - Protective List Before: Slattery J Decision: Orders made appointing SR as a committee of the person for JC. Orders made that the parties' costs of the proceedings be paid out of the estate of JC. Other consequential orders made. Catchwords: MENTAL HEALTH – Guardianship Order – Protected Estates – orders previously made under the NSW Trustee and Guardian Act 2009 ("TAG Act"), s 41(1A) that the estate of the second defendant, JC, be subject to management orders under the TAG Act – the plaintiff is the son of the second defendant – the first defendant is the nephew of the second defendant – the second defendant was taken out of the jurisdiction by the first defendant – the second defendant now lives with the first defendant in Queensland – determination made that the second defendant is a person incapable of managing his or her affairs – whether a guardianship order should be made or whether a committee of the person should be appointed for the second defendant – whether the second defendant should continue to be accommodated in Queensland or whether he or she should return to be accommodated in NSW – in the event that the second defendant remained in Queensland should the Queensland Public Guardian or SR be appointed as a committee of the person or guardian for JC – what costs orders should be made arising out of the Court's first judgment. Legislation Cited: Guardianship Act 1987, ss 4, 6H(2)(c)(ii), 6L, 8, 15(3), 23 Guardianship and Administration Act 2000 (Qld), ss 11B, 11C and 33 Jurisdiction of Courts (Cross Vesting) Act 1987, s 9 Jurisdiction of Courts (Cross Vesting) Act 1987 (Qld), s 4(1) Legal Profession Law NSW, s 198(1) NSW Trustee and Guardian Act 2009, ss 41(1)(a), 41(2) Powers of Attorney Act 2003 Uniform Civil Procedure Rules 2005, r 42.1 Cases Cited: Application of SG [2011] NSWSC 372 Baillieu Knight Frank (NSW) Pty Ltd v Ted Manny Real Estate Pty Ltd (1992) 30 NSWLR 359 Bolton v Sanders (No. 2) [2003] VSC 409 CAC v Secretary, Department of Family and Community Services [2014] NSWSC 1855 CCR v PS (No. 2) (1986) 6 NSWLR 622 CD & Anor v EF & Anor (No. 2) [2019] NSWSC 337 EB v Guardianship Tribunal [2011] NSWSC 767 FC v SC [2022] NSWSC 1780 IR v AR [2015] NSWSC 1187 P v NSW Trustee and Guardian [2015] NSWSC 579 Parisi v Nigro [2006] NSWCA 121 Re B (No. 1) [2011] NSWSC 1075 Re B (No. 2) [2011] NSWSC 1264 Re K Statutory Will [2017] NSWSC 1711 W v G (2003) 59 NSWLR 220 Texts Cited: Blackstone, Commentaries on the Laws of England (9th ed, 1783, Printed for Strahan, Cadell, & Prince) H. S. Theobold, The Law Relating to Lunacy (1924, Stevens & Sons Ltd) Category: Principal judgment Parties: Plaintiff: FC First Defendant: SC Second Defendant: CJ Third Defendant: NSW Trustee and Guardian Representation: Counsel: Plaintiff: Mr A. Crossland; Ms B. Flaherty First Defendant: Mr A. Galapo