JPT v DST [2014] NSWSC 1735

Supreme Court New South Wales

Medium Neutral Citation: JPT v DST [2014] NSWSC 1735 Hearing dates: 25 November 2014 Decision date: 05 December 2014 Jurisdiction: Equity Division - Protective List Before: Lindsay J Decision: Application for an allowance for past gratuitous care (out of the protected estate of a person since found capable of managing his own affairs) dismissed, with consequential relief to give effect to orders for revocation of the management orders affecting the protected person Catchwords: MENTAL HEALTH - Guardians, Committees, Administrators, Managers and Receivers - Fees and remuneration - Gifts and allowances out of a protected estate - Application by a protected estate manager for an allowance for past gratuitous care from estate of person since found capable of managing his affairs - Appilcant failed to account for estate property under management - Order for allowance out of estate not supported by, or in interests or for benefit of, former protected person - Application dismissed. Legislation Cited: Civil Procedure Act 2005 NSW Protected Estates Act 1983 NSW Trustee Act 1925 NSW Cases Cited: Ability One Financial Management Pty Limited and Anor v JB by his tutor AB [2014] NSWSC 245 Australian Hardboards Limited v Hudson Investment Group Limited (2007) 70 NSWLR 201 at 213 [50] - 221 [77]. CCR v PS (No 2) (1986) 6 NSWLR 622 at 640 Countess of Bective v Federal Commissioner of Taxation (1932) 47 CLR 417 at 422-423 E (Mrs) v E (also known as Re Eve) [1986] 2 SCR 388 at 414; 31 DLR [4th] 1 at 19 Ex Parte Whitbread In the matter of Hinde, a Lunatic (1816) 2 Mer 99 at 101-103; 35 ER at 879 GAU v GAV [2014] QCA 308 at [48]. GDR v EKR [2012] NSWSC 1543 at [36] Griffin v Union Trustee Co of Australia Limited (1947) 48 SR (NSW) 360 at 363; 65 WN (NSW) 5 at 7 Griffiths v Kerkemeyer (1977) 139 CLR 161 Ho v NSW Public Guardian [2013] NSWSC 1788 at [15]-[16] Kars v Kars (1996) 187 CLR 354 at 368-372 PB v BB [2013] NSWSC 1223 at [29]. Protective Commissioner v D (2004) 60 NSWLR 513 at 540-542, 543 and 544-545 Re DJR and the Mental Health Act 1958 (1983) 1 NSWLR 557 at 564 Re ES and the Mental Health Act 1958 [1984] 3 NSWLR 341 at 343B344D Re Estate Gowing [2014] NSWSC 247; 17 BPR [98635] at [67]-[69] RL v NSW Trustee and Guardian (2012) 84 NSWLR 263 at 284-285 [93]-[94] and [96]. Royal Insurance Co Limited v Mylius (1926) 38 CLR 477 at 497 Scott v Scott [2012] NSWSC 1541; 7ASTLR 299 at [287] Secretary, Department of Health and Community Services v JWB and SMB (Marion's Case) (1992) 175 CLR 218 at 258. Secretary, Department of Family and Community Services v K [2014] NSWSC 1065 at [7] Singh (bhnf Singh) v Calvary Hospital ACT Inc & Anor [2008] ACTSC 118 at [38]; W v H [2014] NSWSC 1596 at [51]; L v L [2014 NSWSC 1686 at [35] W v H [2014] NSWSC 1696 at [40] Texts Cited: HS Theobald, The Law Relating to Lunacy (Stevens & Sons, London, 1924), chapter 65 (pp 463-467) Category: Principal judgment Parties: Plaintiff: JPT (formerly a protected person)