H v H [2015] NSWSC 837

Supreme Court New South Wales

Medium Neutral Citation: H v H [2015] NSWSC 837 Hearing dates: 24 June 2015 Date of orders: 26 June 2015 Decision date: 26 June 2015 Before: Lindsay J Decision: An application for protected estate management orders, and an order for payment of an award of personal injury compensation out of court, granted on terms designed to move the protected person towards self-management in due course. Catchwords: PROTECTIVE JURISDICTION – Incapacity for self- management – Assessment - Financial management – Appointment of manager – Private manager – Terms of appointment – Provision for review of protected estate management orders MENTAL HEALTH – Guardians, committees, administrators, managers and receivers - Appointment – Management of estate– Relationship with common law compensation proceedings PRACTICE – NSW Trustee and Guardian Act – Protected estate manager – Relationship with common law compensation proceedings - Appointment of manager Legislation Cited: Civil Procedure Act 2005 NSW NSW Trustee and Guardian Act 2009 NSW Cases Cited: Ability One Financial Management Pty Ltd and Anor v JB by his Tutor AB [2014] NSWSC 245 at [290] CJ v AKJ [2015] NSWSC 498 at [27]; [30]-[42] E (Mrs) v E (also known as Re Eve) [1986] 2 SCR 388 at 414; 31 DLR (4th) 1 at 14-21 EB & (Ors v Guardianship Tribunal & Ors [2011] NSWSC 767 at [136] GAU v GAV [2014] QCA 308 at [48] Gibbons v Wright (1954) 91 CLR 423 at 434-438 Gray v Richards [2014] HCA 40; 88 ALJR 968; 313 ALR 579 Holt v Protective Commissioner (1993) 31 NSWLR 227 at 238 D-F and 241G-242A M v M [2013] NSWSC 1495 at [50](a) Maria Saravinovska v Krste (Chris) Saravinovska (No 5) as is [2015] NSWSC 128) McD v McD [1983] 2 NSWLR 81 at 86C-D P v NSW Trustee and Guardian [2015) NSWSC 579 at [304]-[305] P v NSW Trustee and Guardian [2015] NSWSC 579 PY v RJS [1982] 2 NSWLR 700 at 702B-E Re Frieda and Geoffrey [2009] NSWSC 133; 40 Fam LR 608 Re K, an incapable person in receipt of interim damages awards [2014] NSWSC 1286 Re P [2006] NSWSC 1082, approved in Bobolas v Waverley Council [2012] NSWCA 126 at [60]-[62] Re R [2014] NSWSC 1810 at [84]-[94] Re W and L (Parameters of Protected Estate Management Orders) [2014] NSWSC 1106 Re-Managed Estates Remuneration Orders [2014] NSWSC 383 Secretary, Department of Health and Community Services v JWB and SMB (Marion's Case) (1992) 175 CLR 218 at 258-259 SMB (Marion's Case) (1992) 175 CLR 218 at 258-259 Wellesley v Duke of Beaufort (1827) 2 Russ 1 at 20; 38 ER 236 at 243 Willett v Futcher (2005) 221 CLR 627 Texts Cited: - Category: Principal judgment Parties: Plaintiff: LH (father of protected person) Defendant: LH (protected person) Representation: Counsel: P Semmler QC with C Thompson