AC v OC (a minor) [2014] NSWSC 53

Supreme Court New South Wales

Medium Neutral Citation: AC v OC (a minor) [2014] NSWSC 53 Hearing dates: 3 and 5 February 2014 Decision date: 12 February 2014 Jurisdiction: Equity Division Before: Lindsay J Decision: (1) Decline to make an order under the Infants' Custody and Settlement Act 1899 NSW, s 16 or the Minors (Property and Contracts) Act 1970 NSW, s 50 for money held in court for the benefit of a child, subject to s 77 of the Civil Procedure Act 2005 NSW, to be paid out to his mother on trust for him; but (2) Orders made for the estate of the child to be managed by the mother under the NSW Trustee and Guardian Act 2009 NSW, and for the money in court to be paid out to her in that capacity. Catchwords: FAMILY LAW AND CHILD WELFARE - Children - Guardianship - Financial management - Protective jurisdiction - Private Manager Legislation Cited: Civil Procedure Act 2005 NSW s 3(1) Holt v The Protective Commissioner (1993) 31 NSWLR 227 Infants' Custody and Settlement Act 1899 NSW. s 16 Minors' (Property and Contracts) Act 1970 NSW s 50 NSW Trustee and Guardian Act 2009 NSW, ss 41(1)(a), 41(1)(b), 68, 86 Trustee Act 1925 NSW, s 63 Uniform Civil Procedure Rules 2005 NSW, r 57.5 Cases Cited: Countess of Bective v Federal Commissioner of Taxation (1932) 41 CLR 417 at 420-423 Department of Health and Community Services v JWB and SMB Marion's Case (1992) 175 CLR 218 at258 Holt v Protective Commissioner (1993) 31 NSWLR 227 at 241G-242A JP v CP [2013] NSWSC 273 at [4] JKB Holdings Pty Limited v Dee La Vega [2013] NSWSC 501 at [99]-[112] Letterstedt v Broers (1884) 9 App Cas 371 M v M [2013] NSWSC 1495 at [24]-[30] and [47] Macedonian Orthodox Community Church St Petka Incorporated v Bishop Petar 2008 237 CLR 66 Miller v Cameron (1936) 54 CLR 572 Re Eve [1986] 2 SCR 388 at 407-417 (1986) 31 DLR (4th) 1 at 14-23 PB v BB [2013] NSWSC 1223 at [7]-[8], [40]-[42], [57]-[58] and [64]-[65] Category: Principal judgment Parties: AC (Plaintiff) OC (a minor) (Defendant) Representation: Counsel: V Bedrossian (Plaintiff) Solicitors: Etheringtons (Plaintiff) File Number(s): 2013/00353250