The Application of the NSW Trustee & Guardian; The Estate of RDO [2011] NSWSC 293

Supreme Court New South Wales

Medium Neutral Citation: The Application of the NSW Trustee & Guardian; The Estate of RDO [2011] NSWSC 293 Hearing dates: 4 April 2011 Decision date: 04 April 2011 Before: Hallen AsJ Decision: 1. The Court orders: (a) The first Respondent be discharged from the office of manager of the estate of RDO. (b) The management of the estate of RDO be committed to the NSW Trustee & Guardian. (c) The first Respondent shall, within 14 days of service of these orders upon him, hand over and transfer the estate of RDO to the NSW Trustee & Guardian. (d) The first Respondent shall, within 14 days of service of these orders upon him, hand over all documents relating to the administration of the estate of RDO to the NSW Trustee & Guardian. 2. The costs of today's application be reserved. 3. T he proceedings are stood over to the Protective List on Monday, 18 July 2011. Catchwords: Application by Notice of Motion seeking the removal of manager of estate of protected person - other orders, relating to the transferring assets and delivery of documents Legislation Cited: Civil Procedure Act 2005 Interpretation Act 1987 NSW Trustee and Guardian Act 2009 Protected Estates Act 1983 Public Trustee Act 1913 Cases Cited: Application of J & K, Re [2009] NSWSC 1453 Holt v The Protective Commissioner (1993) 31 NSWLR 227 MB v Protective Commissioner [2000] NSWSC 717; 50 NSWLR 24 L, Re [2000] NSWSC 721 M, Re (1987) 2 VAR 213 R, Re [2000] NSWSC 886 Category: Principal judgment Parties: NSW Trustee & Guardian (Applicant) Financial Manager (first Respondent) RDO (second Respondent) Representation: Solicitors: Ms C Phang (NSW Trustee & Guardian) No appearance for the first Respondent Mrs E White (second Respondent) File Number(s): P29/1997 Publication restriction: Having regard to the legal status of the Defendant as a protected person, order that the publication, or disclosure of the name of the parties (other than the Applicant), or any details from within the court file, or from the evidence in the proceedings, that either identifies, or tends to identify, him be prohibited.