NSW Caselaw
Reported Decision : 50 NSWLR 24
New South Wales Supreme Court
CITATION : MB v Protective Commissioner [2000] NSWSC 717 CURRENT JURISDICTION: Equity Division - Protective List FILE NUMBER(S) : SC 59/87; 72/94 HEARING DATE(S) : 23/07/97-26/06/97, 30/06/97-01/07/97, 03/07/00-07/07/00 JUDGMENT DATE : 25 July 2000
PARTIES : MB - Applicant Protective Commissioner - Respondent JUDGMENT OF : Hodgson CJinEq at 1
Mr. P. Greenwood SC for applicant (for 1997 dates) COUNSEL : Mr. A. Martin SC for applicant (for 2000 dates) Mr. D. Officer QC with Mr. J. Sexton SC for respondent SOLICITORS : Mooney & Kennedy, Sydney for applicant Connery & Partners for respondent CATCHWORDS : MENTAL HEALTH - Protection, management and administration of property - Application to remove Protective Commissioner and to substitute a trustee company - Allegations of breach of duty by Protective Commissioner, and breakdown of relatioship with protected person's mother and primary carer - Nature of Protective Commissioner's duty - No breach of duty sufficient to show unfitness of Protective Commissioner, but new manager appointed in interests of protected person because of breakdown of relationship. LEGISLATION CITED : Protected Estates Act 1983 ss.5, 13, 24, 25, 27, 28, 30. Trustee Act 1925, ss.14, 14A, 14B , 14C. CASES CITED : Holt v. Protective Commissioner (1993) 31 NSWLR 227. DECISION : See pars 126 onwards for decision
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION PROTECTIVE LIST
CORAM: HODGSON, CJ in Eq.
Tuesday 25th July 2000
NO. 59 OF 1987 NO. 72 OF 1994 MB V. PROTECTIVE COMMISSIONER
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