Re Application for Partial Management Orders [2014] NSWSC 1468

Supreme Court New South Wales

Medium Neutral Citation: Re Application for Partial Management Orders [2014] NSWSC 1468 Hearing dates: 29 September and 13 October 2014, with written submissions and a court-ordered report from the NSW Trustee Decision date: 24 October 2014 Jurisdiction: Equity Division - Protective List Before: Lindsay J (in chambers) Decision: (1) Application for partial management (or exclusion) orders under the NSW Trustee and Guardian Act 2009, s 40, withdrawn and dismissed. (2) Directions for management of protected estate. Catchwords: MENTAL HEALTH - Guardians, committees, administrators, managers and receivers - Appointment - Application for appointment of a protected estate manager - Orders for management of the whole, or part, of a protected estate - Principles governing partial management (and exclusion) orders.

PRACTICE - NSW Trustee & Guardian Act - Appointment of estate manager - Orders for management of the whole, or part, of a protected estate - Principles governing partial management (and exclusion) orders . Legislation Cited: NSW Trustee and Guardian Act 2009 NSW, s 64, 65, 66 Protected Estates Act 1983 NSW Jurisdiction of Courts (Cross Vesting) Acts 1987) Uniform Civil Procedure Rules 2005 NSW NSW Trustee and Guardian Act 2009 ss 40-41(1), 71(1) Cases Cited: Countess of Bective v Federal Commissioner of Taxation (1932) 41 CLR 417 at 420-423 Hazairin Iskandar v Zulfikri Mahbur and Ors (No 6) (2010/122386, 15 February 2012) at [23]-[28] In re Walker (a lunatic so found) [1905] 1 Ch 160 at 170-174 David by her tutor the Protective Commissioner v David (1993) 30 NSWLR 417 RAP v AEP [1982] 2 NSWLR 508 at 512C-D Re DEF and the Protected Estates Act 1983 [2005] NSWSC 534 at [5] (4), [16] and [25]-[26] Re K, an incapable person in receipt of interim damages awards [2014] NSWSC 1286 Re Public Trustee of Queensland [2001] QSC 215; 2002 1 Qd R 644 at [10]) Re W and L (Parameters of Protected Estate Management Orders) [2014] NSWSC 1106 Re W and L (Parameters of Protected Estate Management Orders) [2014] NSWSC 1106 at [9]-[10] Texts Cited: Theobald, The Law Relating to Lunacy (1924), pp 380 and 382 Category: Principal judgment Parties: Plaintiff: Wife of protected person Defendant: Protected person Representation: Plaintiff: self represented Defendant: self represented Amicus curiae (Father of Defendant): self represented File Number(s): 2014/00172627