Re C [2012] NSWSC 1097

Supreme Court New South Wales

Medium Neutral Citation: Re C [2012] NSWSC 1097 Hearing dates: Monday, 3 September 2012 Decision date: 14 September 2012 Jurisdiction: Equity Division - Protective List Before: White J Decision: Refer to para [76] of judgment. Catchwords: GUARDIANSHIP - application by daughter of protected person that the Public Guardian be removed as guardian of protected person - application that plaintiff be appointed in his place - consideration of role of Public Guardian in providing accommodation for protected person - no grounds established for removal of Public Guardian

GUARDIANSHIP - application by daughter of protected person that NSW Trustee be removed as financial manager of protected person - application that plaintiff be appointed in its place - whether court has jurisdiction to remove NSW Trustee as financial manager of protected person where appointed by Guardianship tribunal - held court has jurisdiction to remove NSW Trustee as financial manager - where grounds for removal of NSW Trustee as financial manager but not appropriate to appoint plaintiff as financial manager - where no other person is proposed as financial manager - directions to be given to NSW Trustee in exercise of its functions - NSW Trustee to provide reports to enable directions to be given Legislation Cited: NSW Trustee and Guardian Act 2009 Guardianship Act 1987 Interpretation Act 1987 Supreme Court Act 1970 Probate and Administration Act 1898 Cases Cited: F v R (Supreme Court of New South Wales, Powell J, 2 May 1986, unreported) Holt v Protective Commissioner (1993) 31 NSWLR 227 Texts Cited: Collinson on Lunacy (George Collinson, A treatise on the law concerning idiots, lunatics and other persons non compotes mentis, (1812), W. Reed, Volume 1) Elmer's Practice in Lunacy (Joseph Elmer, A practice in lunacy under commissions and inquisitions, 7th ed (1892) Stevens & Sons Theobald, The Law Relating to Lunacy (1924) Stevens & Sons Category: Principal judgment Parties: Plaintiff NSW Trustee and Guardian (1st Defendant) Public Guardian (2nd Defendant) 3rd Defendant 4th Defendant Representation: Counsel: In Person (Plaintiff) Dr J Lucy (1st & 2nd Defendants) In Person (3rd Defendant) In Person (4th Defendant) Solicitors: Crown Solicitor (1st & 2nd Defendants) File Number(s): 2012/206438