JMK v RDC and PTO v WDO [2013] NSWSC 1362

Supreme Court New South Wales

Medium Neutral Citation: JMK v RDC and PTO v WDO [2013] NSWSC 1362 Hearing dates: 19 September 2013 Decision date: 19 September 2013 Jurisdiction: Equity Division Before: Lindsay J Decision: 1. Declarations and Orders made under s 41(1)(a) of the NSW Trustee and Guardian Act 2009 NSW. 2. Reservation of applications for the appointment of a private manager of the estate of each protected person, pursuant to s 41(1)(b) of the Act, for further consideration. 3. Orders for appointment of the NSW Trustee as receiver and manager of each protected estate pending consideration of questions arising from GDR v EKR [2012] NSWSC 1543. Catchwords: GUARDIANSHIP - protected person - Financial management - appointment of manager - Private manager - terms of appointment - Remuneration- regulatory regime - interlocutory orders pending consideration of terms of appointment - appointment of NSW Trustee as interim receiver and manager.

MENTAL HEALTH - protected person - appointment of manager of estate - Private manager - remuneration - regulatory regime - interlocutory orders pending consideration of terms of appointment - appointment of NSW Trustee as interim receiver and manager

PRACTICE - NSW Trustee and Guardian Act - protected person - appointment of manager of estate - private manager - terms of appointment - remuneration - regulatory regime - interlocutory orders pending consideration of terms of appointment - appointment of NSW Trustee as interim receiver and manager Legislation Cited: NSW Trustee and Guardian Act 2009 NSW Protected Estates Act 1983 NSW Uniform Civil Procedure Rules 2005 NSW r 57.7(2) Trustee Companies Act 1964 NSW Corporations Act 2001 (Cth) 601RAA and 601RAB(1)(b) Supreme Court Act 1970 NSW Civil Procedure Act 2005 NSW Cases Cited: PB v BB [2013] NSWSC 1223 at [2]-[10], [27]-[29] and [38]-[60] David by his Tutor the Protective Commissioner v David (1993) 30 NSWLR 417 at 436F-437B GDR v EKR [2012] NSWSC 1543 GNM v ER [1983] 1 NSWLR 144 at 148C-149D JJK v APK (1986) Australian Torts Reports 80-042 at 67,881-67,882 Gell v Gell (2005) 63 NSWLR 547 at 553[21]), careful Ex-parte Fletcher (1801) 6 Ves Jun 427; 31 ER 1127 Re Walker, a Lunatic (1848) 2 Phil 630; 41 ER 1097 Re Westbrooke (1848) 2 Phil 631; 41 ER 1087; G v B (Powell J, 27 May 1992) BC 9201855 at 13 Anson v Anson [2004] NSWSC 766; 12 BPR 22,303 at [76] Ex-parte Warren (1805) 10 Ves Jun 622 32 ER 985 at 986 Holt v Protective Commissioner (1993) 31 NSWLR 227 at 242B-243F CC v RAM [2012] NSWSC 1555 Texts Cited: HS Theobald, The Law Relating to Lunacy (Stevens & Sons, London, 1924), pp 54, 401-403 and 511-513 LI Rotman, Fiduciary Law Thomson, Canada, 2005 at pp 56-66, 303-305, 318, 339-340, 343, 736-738 and 747-748 Category: Principal judgment Parties: JMK v RDC; and PTO v WDO Representation: Counsel: For the plaintiff in JMK v RDC: Michael Levenson (of Matthews Folbigg)