NSW Caselaw
New South Wales Supreme Court
CITATION : M v Protective Commissioner [2002] NSWSC 421 CURRENT JURISDICTION: Equity Division Protective List FILE NUMBER(S) : SC 102 of 1999 HEARING DATE(S) : 11, 12 and 15 March 2002 JUDGMENT DATE : 16 May 2002
PARTIES : M (Plaintiff) Protective Commissioner (Defendant) JUDGMENT OF : Windeyer J at 1
COUNSEL : Mr C Stevens QC with him Mr A Porthouse (Plaintiff) Mr G K J Rich (Defendant) SOLICITORS : Cheney & Wilson (Plaintiff) T Tunbridge Office of Protective Commissioner (Defendant) CATCHWORDS : MENTAL HEALTH - protected persons - managers - transfer of management of estate from Protective Commissioner to trustee company - matters for consideration - complaints about general administration - no breach of duty - concerns about investment of estate - competing claims of Protective Commissioner and trustee company - concern at level of fees charged against estate Protected Estates Act 1983, s5, s12, s13, s27, s28, s53, s54, s55, s57, Sec. 8 Protected Estates Amendment (Investment) Act 2000 LEGISLATION CITED : Protected Estates Regulation 1995, Cl 4 Social Security Act 1991, s1165 Trustee Act 1925, Trustee Companies Act 1964, s18, s19 CASES CITED : Hansard LC 6 April 2000 p4254, LC 12 April 2000 p4524 MB v Protective Commissioner (2000) 50 NSWLR 24 DECISION : See paragraphs 46 and 47
- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION PROTECTIVE LIST
WINDEYER J
THURSDAY 16 MAY 2002
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