Re PQR and the Protected Estates Act 1983 [2005] NSWSC 729

New South Wales Supreme Court

CITATION : Re PQR and the Protected Estates Act 1983 [2005] NSWSC 729

JUDGMENT DATE : 21 July 2005

Equity JURISDICTION : Protective List

JUDGMENT OF : Campbell J

DECISION : New South Wales management order revoked. Protective Commissioner advised he would be justified in paying assets in his hands to managers appointed by ACT tribunal

CATCHWORDS : MENTAL HEALTH - order for management of estate of protected person made by Supreme Court of NSW - inconsistent order for management of estate of that protected person made by ACT tribunal - effect of order of ACT tribunal on NSW order - whether power exists to revoke NSW order - whether NSW order should be revoked - whether Protective Commissioner to be directed to pay all assets to managers appointed under ACT order - CONFLICT OF LAWS - inconsistent orders of NSW court and ACT tribunal - full faith and credit - how inconsistency resolved

Guardianship and Management of Property Act 1991 (ACT) LEGISLATION CITED : Protected Estates Act 1983

CASES CITED : Re DEF and the Protected Estates Act 1983 [2005] NSWSC 534

PARTIES : The Protective Commissioner

LOWER COURT JURISDICTION :

OF NEW SOUTH WALES EQUITY DIVISION PROTECTIVE LIST

CAMPBELL J

21 JULY 2005

RE: PQR AND THE PROTECTED ESTATES ACT 1983 JUDGMENT 1 HIS HONOUR: This is an application by the Protective Commissioner. 2 On 25 February 1993 this Court ordered that management of the estate of a protected person, PQR, be committed to the Protective Commissioner. PQR was, at the time, resident in New South Wales. 3 By 2004, PQR was married, and residing in the Australian Capital Territory. 4 On 2 August 2004 the Guardianship and Management of Property Tribunal (ACT) appointed PQR's wife and brother as guardians of PQR, and also as: "… plenary Managers with the power to act jointly and/or severally when necessary, of the estate of the protected person with all the powers and duties conferred by the Guardianship and Management of Property Act 1991." 5 That Tribunal also directed: "That the Guardianship and Management of Property Tribunal is to contact the Protective Commissioner of New South Wales to recommend withdrawal of order of the Supreme Court." 6 On 5 August 2004 the Deputy Registrar of that Tribunal wrote to the Protective Commissioner, informing him of that order and direction, and asking that the Tribunal be advised of the outcome of any decision. 7 Since the order of 2 August 2004, the Protective Commissioner has had no active role in the management of the estate of PQR. 8 On 17 January 2005 the Guardianship and Management of Property Tribunal of the ACT made an order appointing the Public Trustee of the ACT as "plenary Manager of the estate of the protected person with all the powers and duties conferred by the Guardianship and Management of Property Act 1991". By a separate order, the Public Trustee was appointed: "plenary manager of the property and financial affairs of the protected person with all the powers that the said protected person would have been entitled to exercise had he been capable if legally competent to do so subject to the further terms of this Order."