GDR v EKR [2012] NSWSC 1543

Supreme Court New South Wales

Medium Neutral Citation: GDR v EKR [2012] NSWSC 1543 Hearing dates: 27 November 2012; and on papers in chambers Decision date: 14 December 2012 Jurisdiction: Equity Division - Protective List Before: White J Decision: Liberty to apply or restore the matter. Catchwords: GUARDIANSHIP - defendant incapable of managing her affairs - application by father for appointment of private company as financial manager - private company not a trustee company - whether company requires a financial services licence - whether private manager should receive remuneration - whether private manager in position of conflict of interest and duty due to personal interest in investing defendant's assets in certain financial products - noted that relationship between protected person and manager under the scheme of the NSW Trustee and Guardian Act is that of principal and agent, not trustee and beneficiary, so legal title in protected person's property should not vest in manager - no orders made unless and until private manager obtains financial services licence - NSW Trustee and Guardian appointed interim receiver and manager Legislation Cited: NSW Trustee and Guardian Act 2009 (NSW) Corporations Act 2001 (Cth) Cases Cited: Gell v Gell [2005] NSWSC 566; (2005) 63 NSWLR 547 G v B (Supreme Court of New South Wales, Powell J, 27 May 1992, unreported) Holt v Protective Commissioner (1993) 31 NSWLR 227 JJK v APK (1986) Aust Tort Reports 80-042 Anson v Anson [2004] NSWSC 766; (2004) 12 BPR 22,303 Ex P Femor; In the matter of Errington (1821) Jac 404; 37 ER 903 Re Walker (1848) 2 Phil 630 Aberdeen Railway Co v Blaikie Bros (1854) 2 Eq Rep 1281; [1843-60] All ER Rep 249 Category: Principal judgment Parties: GDR (Plaintiff) EKR (Defendant) Representation: Counsel: H Stowe (Plaintiff) M Heath (Ability One Financial Management) Solicitors: Matthews Folbigg (Plaintiff) File Number(s): 2012/122431