NSW Caselaw
New South Wales Supreme Court
CITATION : Re Estate of BL [2006] NSWSC 1483
HEARING DATE(S) : 28 August 2006
JUDGMENT DATE : 28 August 2006
JURISDICTION : Equity Division Protective List
JUDGMENT OF : Windeyer J at 1
DECISION : Section 13 declaration. Manager appointed.
CATCHWORDS : MENTAL HEALTH - incapacity to manage affairs - management of judgment moneys in professional negligence action by incapable person- trust approved by court appointing mother of plaintiff and trustee company as trustees - trust including beneficiaries other than common law plaintiff - order made for immediate payment to mother of part judgment sum prior to constitution of trust for purpose of purchasing home in name of mother as trustee for the son - mother mortgaged house and applied proceeds for benefit of third party in breach of trust - manager appointed so that action could be considered on behalf of beneficiary against trustee - consideration of problems where such trust approved - necessity for the sole trust beneficiary to be person to whom damages are awarded - statement that problems would not have arisen if management order under Protected Estates Act 1983 made in first place
LEGISLATION CITED : Protected Estates Act 1983, s13
Perpetual Trustee Company Limited (Plaintiff) PARTIES : BL (First Defendant) SL (Second Defendant)
FILE NUMBER(S) : SC P29 of 2006
COUNSEL : Mr P Whitford SC with him Ms V McWilliams (Plaintiff) No appearance (Defendants)
SOLICITORS : Henry Davis York (Plaintiff) No appearance (Defendants)
- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION PROTECTIVE LIST
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