T v Mrs F & Ors [2005] NSWSC 781

New South Wales Supreme Court

CITATION : T v Mrs F & Ors [2005] NSWSC 781

HEARING DATE(S) : 25 July 2005

JUDGMENT DATE : 2 August 2005

Equity Division JURISDICTION : Protective List

JUDGMENT OF : Windeyer J at 1

DECISION : Declaration sought in paragraph 1 of the Notice of Motion dismissed. Balance of notice of motion stood over.

CATCHWORDS : MENTAL HEALTH - protected persons - application by son of protected person for payment of his children's school fees out of estate - evidence of past payment of school fees but whether from trust or protected person's estate not clear - whether the Protective Commissioner has power under the Protected Estates Act 1983 to make such payments - whether evidence sufficient to show that protected person had entered into an engagement to pay the fees from her estate. - STATUTES - interpretation - Protected Estates Act 1983 s 28(1)(a) - meaning of "engagements".

LEGISLATION CITED : Protected Estates Act 1983 s24(2) s28(1)(a), s32

CASES CITED : Protective Commissioner v D (2004) 60 NSWLR 513

T (Plaintiff) Mrs F (First Defendant) PARTIES : M (Second Defendant) D (Third Defendant) The Protective Commissioner (Fourth Defendant)

FILE NUMBER(S) : SC P66 of 2002

Ms D V Robinson (Plaintiff/Respondent) Mr J A Trebeck (First and Fourth Defendants) COUNSEL : Mr A A Robins (Second Defendant/Applicant) No appearance (Third Defendant)

TressCox (Plaintiff/Respondent) Craddock Murray Newmann (First and Fourth Defendants) SOLICITORS : Dibbs Abbott Stillman (Second Defendant/Applicant) No appearance (Third Defendant)