Application of SJ [2011] NSWSC 372

Supreme Court New South Wales

Medium Neutral Citation: Application of SJ [2011] NSWSC 372 Hearing dates: 11 April 2011, 12 April 2011 Decision date: 03 May 2011 Jurisdiction: Equity Division - Protective List Before: Hallen AsJ Decision: (a) Order that leave is refused for the appeal. (b) Order that the decision of the Guardianship Tribunal that the first Plaintiff be placed under guardianship and that her guardian be the Public Guardian is affirmed. (c) Order that the decision of the Guardianship Tribunal that the estate of the first Plaintiff be subject to management and that management of the estate be committed to the NSW Trustee is also affirmed. (d) Order that the Summons be dismissed. (e) Order that the Exhibits be dealt with in accordance with the Uniform Civil Procedure Rules. (f) Defer making costs order until further argument on costs, in the event that the parties are unable to agree. Catchwords: The Plaintiffs seek leave to appeal, and if leave is granted, to appeal the decision and orders made by Guardianship Tribunal in an application for a financial management and guardianship application in respect of the first Plaintiff made by the fourth Defendant - Tribunal made orders pursuant to which the first Defendant was appointed financial manager of first Plaintiff's estate, and the third Defendant was appointed guardian of the first Plaintiff - Further amended Summons filed seeking leave to appeal the decision of the Tribunal, an order that the Tribunal's orders be set aside, or, that the financial management of the first Plaintiff's estate, and her guardianship be granted to the second Plaintiff, and an order that the costs of the second Plaintiff of the first and third Defendants sought to be paid out of the estate of the first Plaintiff . Legislation Cited: Guardianship Act 1987 Protected Estates Act 1983 Cases Cited: ACJ [2007] NSWGT 15 Charlton v Baber [2003] NSWSC 745 DL v Public Guardian and Ors [2008] NSWADTAP 6 G v B (Powell J, 27 May 1992, unreported) GHI (a protected person); Re [2005] NSWSC 581 H v H (Supreme Court, 20 March 2000, unreported) Holt v Protective Commissioner (1993) 31 NSWLR 227 IF v IG & Ors [2004] NSWADTAP 3 JAB [2010] WASAT 97 McD v McD (1983) 3 NSWLR 81 OT v OU [2010] NSWADTAP 9 P v D1 [2011] NSWSC 257 P v R [2003] NSWSC 819 Public Trustee v Blackwood [1998] 8 Tas R 256 PY v RJS [1982] 2 NSWLR 70 P9/2000 [2011] NSWSC 49 S v S [2001] NSWSC 146 W v G [2003] NSWSC 1170; (2003) 59 NSWLR 220 Category: Principal judgment Parties: S J (first Plaintiff) A J (second Plaintiff) NSW Trustee & Guardian (first Defendant) Guardianship Tribunal (second Defendant) Public Guardian (third Defendant) J K (fourth Defendant) S H (fifth Defendant) L J (sixth Defendant) J C (seventh Defendant) Representation: Counsel: Mr A Hill; Ms M Pringle (first and second Plaintiffs) Ms R Stormont (Sol) (first and second Defendants) Mr M Higgins (fourth, fifth and seventh Defendants) Solicitors: Alexander Lee & Associates (first and second Plaintiffs) Crown Solicitor's Office (first and second Defendants) Nikola Velcic & Associates (fourth, fifth and seventh Defendants) No appearance - sixth Defendant File Number(s): P24/2010