RL v NSW Trustee and Guardian (No 2) [2012] NSWCA 78

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: RL v NSW Trustee and Guardian (No 2) [2012] NSWCA 78 Hearing dates: 4 April 2012 Decision date: 04 April 2012 Before: Campbell JA Decision: (1) RNL appointed to represent the Estate of PBL, for the purposes of this appeal. (2) Title of the proceedings to be amended. (3) Appeal allowed. (4) In lieu of the answer given in the court below to question 2 in the amended summons, substitute the answer: "The Court declines to answer this question." (5) Revoke the declaration numbered 5 in the court below. (6) Replace Order 7 in the court below with: 7. The income from the Sale Fund is to be retained in the Sale Fund, and the question of entitlement to the income is to await further determination by the NSW Trustee or the Court. (7) Add to the orders made in the court below: 9. Without prejudice to how the moneys spent pursuant to this order are ultimately borne between the net proceeds of sale of the shares in Ansell Limited, interest that accrues on those net proceeds and other money that makes up the Other Funds, until further order of the court or further direction of the NSW Trustee moneys that are spent for PBL's benefit or on PBL's care or for the management of PBL's estate are to be paid from the Other Funds other than so much of the Other Funds as represents net proceeds of sale of shares in Ansell Limited and interest that accrues on those net proceeds. 10. Orders 6, 7 and 9 pare in substitution for previous directions of the NSW Trustee concerning the setting aside of a separate fund from the proceeds of sale of the Darlinghurst garage of PBL and the manner in which that fund should be used. (8) RL's costs of the appeal on the indemnity basis to be paid from the estate of PBL other than the Sale Fund and so much of the Other Funds as represents the net proceeds of sale of the shares in Ansell Limited. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: MENTAL HEALTH - effect of disability on civil rights and duties - death of protected person - whether rights concerning litigation begun by manager concerning manner of administration of protected person's property survives death - who has power to continue litigation