LEB v ABB [2024] NSWSC 1097

Supreme Court New South Wales

Medium Neutral Citation: LEB v ABB [2024] NSWSC 1097 Hearing dates: 9 and 28 August 2024 Date of orders: 28 August 2024 Decision date: 28 August 2024 Jurisdiction: Equity - Protective List Before: Lindsay J Decision: Orders made under section 40 and 41 of NSW Trustee and Guardian Act 2009 NSW for protective estate management of a person held incapable of managing his affairs, committing management of his estate to the NSW Trustee with directions to facilitate the NSW Trustee's consideration of whether to consent to appointment as a tutor for the protected person in aid of an application made by the protected person, in separate proceedings, for a family provision order against the deceased estate of his mother. Catchwords: GUARDIANSHIP – Guardians, committees, administrators, managers and receivers – Appointment – Application for appointment of a protective estate manager – Capacity for self-management – Meaning – Governed by nature and purpose of protective jurisdiction Legislation Cited: Civil Procedure Act 2005 NSW Felons (Civil Proceedings) Act 1981 NSW NSW Trustee and Guardian Act 2009 NSW Succession Act 2006 NSW Trustee Act 1925 NSW Uniform Civil Procedure Rules 2005 NSW Cases Cited: A v A [2015] NSWSC 1778 Ability One Financial Management Pty Ltd and Anor v JB by his tutor AB [2014] NSWSC 245 B v B [2003] NSWSC 1192 Bobolas v Waverley Council [2012] NSWCA 126 C v W (No 2) [2016] NSWSC 945 CJ v AKJ [2015] NSWSC 498 Clay v Clay (2001) 202 CLR 410 Countess of Bective v Federal Commissioner of Taxation (1932) 47 CLR 417 Ex parte Whitbread in the Matter of Hinde, a Lunatic (1816) 2 Mer 99; 35 ER 878 H v H [2015] NSWSC 837 IA v TA [2011] NSWCA 179 M v M [2013] NSWSC 1495 P v NSW Trustee and Guardian [2015] NSWSC 579 PF v HK [2016] NSWSC 590 Protective Commissioner v D (2004) 60 NSWLR 513 Re Eve [1986] 2 SCR 388; 31 DLR (4) 1 Re P [2006] NSWSC 1082 Saunders v Vautier (1841) 41 ER 482 Secretary, Department of Health and Community Services v JWB and SMB (Marion's Case) (1992) 175 CLR 218 W v H [2014] NSWSC 1696 Wellesley v Duke of Beaufort (1827) 2 Russ.1 38 ER 236 Category: Principal judgment Parties: First Plaintiff: LEB Second Plaintiff: CMB Defendant: ABB Representation: Counsel: Plaintiffs: H Bennett Defendant: I Hoskinson NSW Trustee: J Gardiner