NSW Caselaw
Reported Decision : 63 NSWLR 547
New South Wales Supreme Court
CITATION : Re Gell [2005] NSWSC 566
HEARING DATE(S) : Application in chambers without appearance of any person
JUDGMENT DATE : 16 June 2005
Equity JURISDICTION : Protective List
JUDGMENT OF : Campbell J
DECISION : Declaration and orders made appointing manager of estate of missing person
CATCHWORDS : PROPERTY - appointment of manager of the estate of a missing person under Protected Estates Act 1983 (NSW) - evidence required for appointment - procedural aspects of obtaining an order - scope of dealings permitted pursuant to an order - FAMILY LAW AND CHILD WELFARE - appointment of manager of the estate of a missing person under Protected Estates Act 1983 (NSW) - evidence required for appointment - procedural aspects of obtaining an order - scope of dealings permitted pursuant to an order - RECEIVERS AND MANAGERS - appointment of manager of the estate of a missing person under Protected Estates Act 1983 (NSW) - evidence required for appointment - procedural aspects of obtaining an order - scope of dealings permitted pursuant to an order - WORDS AND PHRASES - "missing person" - "it is not known whether the person is alive" - "usual place of residence" - "best interests" - "relative" - "all reasonable efforts"
Jurisdiction of Courts (Cross-Vesting) Act 1987 Protected Estates Act 1983 LEGISLATION CITED : Protected Estates Amendment (Missing Persons) Act 2004 Supreme Court Rules 1970
Anson v Anson [2004] NSWSC 766 Re DEF and the Protected Estates Act 1983 [2005] NSWSC 534 CASES CITED : Fielden v Ashworth (1875) LR 20 Eq 410 Re Flint [2005] NSWSC 560
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