Application by AMAM; Re SAM [2011] NSWSC 503

Supreme Court New South Wales

Medium Neutral Citation: Application by AMAM; Re SAM [2011] NSWSC 503 Hearing dates: 20 May 2011 Decision date: 20 May 2011 Jurisdiction: Equity Division - Probate List Before: Hallen AsJ Decision: (i) 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 managed person. (ii) Order: (a) The Plaintiff be discharged from the office of manager of the Defendant's estate. (b) Subject to the giving of security if required by, and to, the satisfaction of the NSW Trustee and Guardian, AMAM be appointed manager of the Defendant's estate to act in relation to her estate in accordance with the order and direction of the Court. (c) The costs of the Applicant of and incidental to the Applicant's notice of motion filed 14 March 2010 be paid from the Defendant's estate. (d) A copy of the orders should be served, by post, or by email, on MWM together with a copy of this Judgment, within 21 days of the delivery of reasons for Judgment. Catchwords: Application by notice of motion by brother of protected person seeking removal of Plaintiff as manager of protected person's estate - Appointment of himself as manager in Plaintiff's place - Order for costs - Current manager does not oppose application - Consents to the appointment of applicant in his place Legislation Cited: Civil Procedure Act 2005 NSW Trustee and Guardian Act 2009 Protected Estates Act 1983 Public Trustee Act 1913 (NSW) Cases Cited: Holt v The Protective Commissioner (1993) 31 NSWLR 227 J & K, Application of [2009] NSWSC 1453 L, Re [2000] NSWSC 721 M, Re (1988) 2 VAR 213 MB v Protective Commissioner [2000] NSWSC 717; 50 NSWLR 24 R, Re [2000] NSWSC 886 Category: Principal judgment Parties: MWM (Plaintiff) AMAM (Applicant) NSW Trustee & Guardian (Applicant to Notice of Motion) SAM (Defendant) Representation: Solicitors: Pigott Stinson (Applicant) Crown Solicitor's Office File Number(s): P34/2007