SC v Ability One Financial Management Pty Ltd [2024] NSWSC 637

Supreme Court New South Wales

Medium Neutral Citation: SC v Ability One Financial Management Pty Ltd [2024] NSWSC 637 Hearing dates: 2 and 3 May 2024 Date of orders: 28 May 2024 Decision date: 28 May 2024 Jurisdiction: Equity Before: Lindsay J Decision: ORDER that an application for a change of the manager of a protected estate be dismissed. Catchwords: PROTECTIVE JURISDICTION – Protected estate management – Application for change of manager – Welfare and interests of protected person the paramount consideration – Obstruction of management by applicant for change of manager – Application dismissed Legislation Cited: Evidence Act 1995 NSW Interpretation Act 1987 NSW Jurisdiction of Courts (Cross Vesting) Act 1987 NSW Trustee and Guardian Act 2009 NSW Cases Cited: Ability One Financial Management Pty Ltd and Anor v JB by his Tutor AB [2014] NSWSC 245 CCR v PS (No 2) 6 NSWLR 622 FC v SC [2022] NSWSC 1780 FC v SC (No 2) [2023] NSWSC 376 Holt v Protective Commissioner (1993) 31 NSWLR 227 M v M [2013] NSWSC 1495 Re Managed Estates Remuneration Orders [2014] NSWSC 383 Category: Principal judgment Parties: Plaintiff: SC, nephew of JC (a protected person) First Defendant: Ability One Financial Management Pty Ltd ACN 113 553 852 Second Defendant: JC, a protected person Third Defendant: FC, son of JC, a protected person Representation: Counsel: Plaintiff: Mr A Galapo First Defendant: Mr B McHardy, Solicitor Second Defendant: No appearance Third Defendant: Mr A Crossland NSW Trustee: Ms R Stormont, Solicitor