The Application of DJB; Re PJB [2011] NSWSC 313

Supreme Court New South Wales

Medium Neutral Citation: The Application of DJB; Re PJB [2011] NSWSC 313 Hearing dates: 17 March 2011 Decision date: 15 April 2011 Jurisdiction: Equity Division - Protective List Before: Hallen AsJ Decision: 1. Order that the notice of motion is dismissed. 2. Make no order as to the applicant's costs of the notice of motion. 3. The Respondent's costs of the notice of motion, calculated on the indemnity basis, should be paid out of PJB's estate. Catchwords: Notice of Motion seeking documents relating to management of financial affairs of the protected person by the protected person's guardian Legislation Cited: Civil Procedure Act 2005 Family Provision Act 1982 Guardianship and Protected Estates Legislation Amendment Act 2002 (NSW) NSW Trustee and Guardian Act 2009 Protected Estates Act 1983 Protected Estates Regulations 1995 Supreme Court Rules (Amendment No 413) 2008 Cases Cited: ES,Re [1984] 3 NSWLR 341 Estate of Orre, Re (NSWSC, Powell J 19 December 1991, unreported Darling, In re (1888) LR 39 Ch D 208 Freeman, In re [1927] 1 Ch 479 Harris v Knight (1890) 15 PD 170 M v K (NSWSC, Powell J, 24 April 1989, unreported) Will of Sir Robert Lucas-Tooth, In the (1932) 50 WN (NSW) 86 WM, In re (1903) 3 SR 552 Texts Cited: Government Gazette No 54 of 28 February 2003 Young Croft Smith, On Equity Law Book Co. (2009) Category: Principal judgment Parties: DJB (Applicant) Perpetual Trustee Company Limited as financial manager for PJB (Plaintiff) Representation: Counsel: Mr J Trebeck (Applicant) Mr L Ellison SC (Plaintiff) Solicitors: Mooney & Kennedy Solicitors (Applicant) TressCox Lawyers (Plaintiff) File Number(s): P59/1987 P72/1994 Publication restriction: Order prohibiting the publication, or disclosure of the name of the parties, or any details from within the court file, or from the evidence in the proceedings, that either identifies, or tends to identify the protected person.