JS v Protective Commissioner & Anor Re Protected Estate of JS [2003] NSWSC 621

New South Wales Supreme Court

CITATION : JS v Protective Commissioner & Anor Re Protected Estate of JS [2003] NSWSC 621 revised - 15/07/2003 HEARING DATE(S) : 24 and 25 June 2003 JUDGMENT DATE : 14 July 2003

JURISDICTION: Equity Division Protective List JUDGMENT OF : Windeyer J at 1 DECISION : Amended notice of motion dismissed.

CATCHWORDS : MENTAL HEALTH - protected estates - managers - claim for transfer of management of estate from Protective Commissioner to trustee company - matters for consideration - loss of confidence in Protective Commissioner - no facts given as to reasons for loss of confidence - no breach of duty - competing claims of Protective Commissioner and trustee company - consideration of the level of fees charged against estate Compensation to Relatives Act 1897 Guardianship Act 1987 Hansard LC 6 April 2000, p4254 LEGISLATION CITED : Hansard LC 12 April 2000, p 4523 Protected Estates Act 1983 s4, s5, s8, s13, s27, s52, s53, s54, s55 Protected Estates Amendment (Investment) Act 2000 Protected Estates Regulation 1995, Clause 4 Trustee Companies Act 1964 CASES CITED : Mv Protective Commissioner [2002] NSWSC 421 MB v Protective Commissioner (2000) 50 NSWLR 24 at 32 JS (Applicant) PARTIES : Protective Commissioner (First Respondent) ES (Second Respondent) FILE NUMBER(S) : SC 70 of 1997 Miss Jane Needham (Applicant) COUNSEL : Mr S Balafoutis (First Respondent) Mr D Officer QC, with him Mr R Scruby (Second Respondent) Stacks the Law Firm (Applicant) SOLICITORS : Mr T Tunbridge (First Respondent) G H Healey & Co with Graeme R Jenson & Co (Second Respondent)