PB v BB [2013] NSWSC 1223

Supreme Court New South Wales

Medium Neutral Citation: PB v BB [2013] NSWSC 1223 Hearing dates: - Decision date: 30 August 2013 Jurisdiction: Equity Division Before: Lindsay J (in Chambers) Decision: 1. Declare, pursuant to s 41(1)(a) of the NSW Trustee and Guardian Act 2009 NSW, that the defendant is incapable of managing his affairs. 2. Order that the estate of the defendant be subject to management under the NSW Trustee and Guardian Act 2009. 3. Orders for the appointment of managers, upon their provision of undertakings to the Court, subject to protective measures to be taken by the NSW Trustee and Guardian in ensuring that there is an orderly entrustment of the defendant's New South Wales property to a management committee bound, according to French law, to act in his interests on an ongoing basis and generally. Catchwords: GUARDIANSHIP- Protected person- Financial management- Foreign national- Application by prospective managers to transfer protected person's estate to foreign jurisdiction- Principles to be applied- Statutory jurisdiction informed by inherent jurisdiction-Need for across border protective regime- NSW Trustee and Guardian Act 2009 (NSW), s 41.

MENTAL HEALTH- Appointment of manager of estate- Property within jurisdiction- Person outside jurisdiction- Jurisdiction of court- Application by prospective managers to remove property from jurisdiction- Principles to be applied- Need for protective regime- NSW Trustee and guardian Act (NSW), s 41

PRACTICE - NSW Trustee and Guardian Act- Appointment of managers of estate- Property within jurisdiction- Person outside jurisdiction- Need for protective regime. Legislation Cited: NSW Trustee and Guardian Act 2009 Motor Accident (Lifetime Care and Support) Act 2006 NSW Protected Estates Act 1983 Cases Cited: M and the Protected Estates Act 1983 (1988) 12 NSWLR 96 at 99F-102E) (Re D [2012] NSWSC 1006 at [46]-[62], P v R [2003] NSWSC 819 at [26]) MS v ES, at [983] NSWLR 199, 203B, 204 Re FN and the Mental Health Act 1958 [1984] 3 NSWLR 502 at 523G-524B MS v ES [1983] 3 NSWLR 199 at 203E-F, citing Re Brown (a Lunatic) [1895] 2 Ch 666; Re Knight (a Lunatic) [1898] 1 Ch 257 and, as a contrasting case, Re Barlow's Will (1887) 36 Ch D 287 Re FN [1984] 3 NSWLR 520 at 524B Re M and the Protected Estates Act 1983 [2003] NSWSC 344 at [7], [10] In Re JLS De Larragoiti (a person of unsound mind) [1907] 2 Ch 14 at 18-19 In Re Knight (a Lunatic) [1898] 1 Ch 257 at 260-261 Ridgeway v Darwin (1802) 8 Ves. 65; 32 ER 275, 276) Gibson v Jeyes (1801) 6 Ves 267; 31 ER 1044 at 1047; 6 Ves. Jun. Supp 594; 34 ER 936 Ex parte Cranmer (1806) 12 Ves. 445; 33 ER 168 at 170-171 In re Holmes (1827) 4 Russ 182; 38 ER 774 CCR v PS (No 2) (1986) 6 NSWLR 622 at 634G-637F and 640D 640E Gibbons v Wright (1954) 91 CLR 423 at 437-438 Texts Cited: M Davies, AS Bell and PLG Brereton (eds), Nygh's Conflict of Laws in Australia, (Lexis Nexis Australia, 8th ed, 2010) at para [31.1] JM Bennett, A History of the Supreme Court of New South Wales, (Law Book Co, Sydney, 1974), ch 7 Philip Powell, The Origins and Development of the Protective Jurisdiction of the Supreme Court of New South Wales (Forbes Society, Sydney, 2004) pp 3-6 Commentaries on the Laws of England (9th "received" ed, 1783), Volume 1, pp 303-306; Sir William Holdsworth, A History of English Law, Volume 1 (7th ed revised, 1956), pp 473-476. Sir William Blackstone, Commentaries on the Laws of England (9th "received" ed, 1783), Volume 1, pp 303-306 BE Porter and MB Robinson, Protected Persons and their Property in NSW (Law Book Co, Sydney, 1987), pp 37-39 HS Theobald, The Law Relating to Lunacy (Stevens and Sons, London, 1924), pp 19-20, 380, 472-473 and 477 Category: Principal judgment Parties: PB BB Representation: - - File Number(s): 2013/0127291