HS v AS [2014] NSWSC 1498

Supreme Court New South Wales

Medium Neutral Citation: HS v AS [2014] NSWSC 1498 Hearing dates: On the papers Decision date: 29 October 2014 Jurisdiction: Equity Division - Protective List Before: Lindsay J (in chambers) Decision: Orders for protected estate management, with a locally resident manager to act jointly with a manager (ordinarily resident outside the jurisdiction) initially proposed as a sole manager by the family of the protected person Catchwords: MENTAL HEALTH - Guardians, committees, administrators, managers and receivers - Appointment - Application for appointment of a protected estate manager - Nominee ordinarily resident outside the jurisdiction - Best interests of protected person served by appointment of joint managers - Locally resident manager appointed with non-resident. PRACTICE - NSW Trustee and Guardian Act - Appointment of estate manager - Nominee ordinarily resident outside jurisdiction - Best interests of protected person consulted - Locally resident manager and non-resident appointed to act jointly Legislation Cited: Civil Procedure Act 2005 NSW, Part 6 Division 4, ss 74-80 NSW Trustee and Guardian Act 2009 NSW, ss 39, 41(1)) Uniform Civil Procedure Rules 2005 NSW, Part 7 Division 4, rr 7.13-7.18 Cases Cited: Holt v Protective Commissioner (1993) 31 NSWLR 227 at 238B-F and 241G-242A In re Bruére (a person of unsound mind) (1881) 17 Ch.D 775 M v M [2013] NSWSC 1495 at [50] (b)-(d) PB v BB [2013] NSWSC 1223 at [30] Texts Cited: HS Theobold, The Law Relating to Lunacy (London 1924), p 43-44 Category: Principal judgment Parties: HS (Plaintiff), a daughter of the defendant AS (Defendant), the father of the plaintiff Representation: Solicitors: Stacks/Goudkamp, Sydney (Plaintiff) File Number(s): 2014/00286442