L v L [2014] NSWSC 1686

Supreme Court New South Wales

Medium Neutral Citation: L v L [2014] NSWSC 1686 Hearing dates: 26 November 2014 Decision date: 27 November 2014 Jurisdiction: Equity Division - Protective List Before: Lindsay J Decision: Orders for the appointment of a receiver and manager of a protected estate, and for the family of the protected person to engage in a mediation Catchwords: GUARDIANSHIP - Protected person - Financial Management - Appointment of receiver and manager of protected estate Legislation Cited: Civil Procedure Act 2005 NSW Conveyancing Act Guardianship Act 1987 NSW, NSW Trustee and Guardian Act 2009 NSW Cases Cited: Ability One Financial Management Pty Limited and Anor v JB by his Tutor AB [2014] NSWSC 245 at [151]-[153] Griffin v Union Trustee Co of Australia Limited (1947) 48 SR (NSW) 360 at 363; 65 WN (NSW) 5 at 7 Holt v Protective Commissioner (1993) 31 NSWLR 227 JMK v RDC and PTO v WDO [2013] NSW SC 1362 at [55]-[56]) M v M [2013] NSWSC 1495 at [50] Protective Commissioner v D (2004) 60 NSWLR 513 at 540-542, 543 and 544 Re DJR and the Mental Health Act 1958 [1983] 1 NSWLR 557 at 564E-G Re S and the Mental Health Act 1958 [1984] 3 NSWLR 341 at 343-344 Scott v Scott [2012] NSWSC 1541; 7 ASTLR 299 at [287] Secretary, Department of Family and Community Services v K [2014] NSWSCC 1065 at 67 Texts Cited: HS Theobold, The Law Relating to Lunacy (Stevens & Sons, London, 1924) Category: Principal judgment Parties: Plaintiff: Son of protected person First Defendant: Daughter/Financial Manager of protected person Second Defendant: Son/Financial Manager of protected person Third Defendant: Protected person Representation: Counsel: Plaintiff: KM Morrissey First & Second Defendants: K Rees SC with N Kabilafkas Third Defendant: SF Hughes Solicitors: Plaintiff: GHS Legal First & Second Defendants: Jonathan D'Arcy & Co Third Defendant: Geikie Clarke Bellantonio File Number(s): 2013/00142185