MW v NSW Trustee & Guardian [2024] NSWSC 1156

Supreme Court New South Wales

Medium Neutral Citation: MW v NSW Trustee & Guardian [2024] NSWSC 1156 Hearing dates: 6 September 2024 Date of orders: 12 September 2024 Decision date: 12 September 2024 Jurisdiction: Equity - Protective List Before: Pike J Decision: (1) A declaration, pursuant to s 86 of the NSW Trustee and Guardian Act 2009 (NSW), that the plaintiff is capable of managing their affairs. (2) Pursuant to ss 61(1) and 64 of the NSW Trustee and Guardian Act 2009 (NSW), that the defendant take such steps as may be necessary or expedient to transfer management of the estate of the plaintiff from itself to the plaintiff. (3) That the costs of the plaintiff and the defendant be paid out of the estate of the plaintiff on an indemnity basis. Catchwords: CIVIL PROCEDURE – protective jurisdiction – administration of estates – where NSW Trustee and Guardian has been appointed as the financial manager of the plaintiff's estate pursuant to Sch 1 ss 3 and 5 of the NSW Trustee and Guardian Act 2009 (NSW) – application for revocation of declaration that the plaintiff is incapable of managing their affairs pursuant to s 86 – capacity of person under guardianship order to manage their financial affairs – capacity governed by nature and purpose of protective jurisdiction Legislation Cited: NSW Trustee and Guardian Act 2009 (NSW) ss 39, 61(1), 64, 86 Protected Estates Act 1983 (NSW) s 13 Cases Cited: CJ v AKJ [2015] NSWSC 498 H v H [2015] NSWSC 837 P v NSW Trustee and Guardian [2015] NSWSC 579 Texts Cited: Nil Category: Principal judgment Parties: MW (Plaintiff) NSW Trustee & Guardian (Defendant) Representation: Counsel: Z. Alderton (Plaintiff) J. McCarthy, solicitor of the NSW Trustee & Guardian (Defendant)