BCD v XYZ [2013] NSWSC 405

Supreme Court New South Wales

Medium Neutral Citation: BCD v XYZ [2013] NSWSC 405 Hearing dates: 12 April 2013 Decision date: 12 April 2013 Jurisdiction: Equity Division - Protective List Before: Kunc J Decision: BCD appointed as guardian of XYZ Catchwords: FAMILY LAW - guardianship of person - parens patriae jurisdiction of Supreme Court - jurisdiction not confined to preventing immediate risk - jurisdiction available to promote minor's welfare Legislation Cited: Guardianship Act 1987 (NSW) Cases Cited: Hope v Hope 4 De GM&G 328 AMS v AIF [1999] HCA 26; (1999) 199 CLR 160 MAW v Western Sydney Area Health Service [2000] NSWSC 358; (2000) 49 NSWLR 231 Category: Principal judgment Parties: BCD XYZ Representation: C. Zucker, solicitor Zucker Legal (plaintiff) File Number(s): SC 2013/68576 Publication restriction: Nil

Judgment 1HIS HONOUR: The plaintiff, B, seeks an order that she be appointed guardian of the defendant, her younger sister, X. For convenience and without any disrespect I shall refer to them by their Christian names. 2In January 2004 B's and X's parents died in a motor vehicle accident. Their two other siblings died in the same motor accident. Under the wills of their parents their paternal uncle, M, and his wife, J, were appointed testamentary guardians of B and X. They exercised that function for a number of years. 3B is now 22 years of age and is a student at law at university. X is 16 years of age and a Year 11 secondary student. When B finished school, she moved away from her uncle and aunt to a university residential college and subsequently a rental apartment in Crows Nest. In 2011 B purchased and moved into an apartment in Annandale where she now lives. She proposes to continue to live in that apartment. 4M and J, the testamentary guardians of both girls, separated in 2011 when X was in Year 9. X then went to live with B at Annandale and has done so ever since.