Re X [2016] NSWSC 275

Supreme Court New South Wales

Medium Neutral Citation: Re X [2016] NSWSC 275 Hearing dates: 8 March 2016 Date of orders: 17 March 2016 Decision date: 17 March 2016 Jurisdiction: Equity - Protective List Before: Lindsay J Decision: Declaration, pursuant to s 41 of the NSW Trustee and Guardian Act 2009 NSW, that the plaintiff (a young adult) is incapable of managing her affairs, with consequential orders for management of her protected estate by her parents, including a direction designed to permit her, as a protected person, to self-manage personal finances in the ordinary course of daily life Catchwords: PROTECTIVE JURISDICTION – Financial management – Incapacity for self-management – Management of protected estate – Appointment of family members as managers

MENTAL HEALTH - Management and administration of property – Incapacity for self-management – Comparison of protected estate management and a private protective trust arrangement Legislation Cited: Civil Procedure Act 2005 NSW Corporations Act 2001 Cth) Court Suppression and Non-publication Orders Act 2010 NSW Guardianship Act 1987 NSW NSW Trustee and Guardian Act 2009 NSW Protected Estates Act 1982 NSW Succession Act 2006 NSW Trustee Companies Act 1964 NSW, Uniform Civil Procedure Rules 2005 NSW Cases Cited: A v A [2015] NSWSC 1778 at 35- 39 Ability One Financial Management Pty Ltd and Anor v JB by his tutor AB [2014) NSWSC 245 at [30]-[32] CJ v AKJ [2015] NSWSC 498 at [14]-[53], [27]-[34] Clay v Clay (2001) 202 CLR 410 at 428-430 and 432-433 Countess of Bective v Federal Commissioner of Taxation (1932) 47 CLR 417 at 420-423 David by her Tutor the Protective Commissioner v David (1993) 30 NSWLR 417 at 436E-437C GAU v GAV [2014] QCA 308 at [48] Gibbons v Wright (1954) 91 CLR 423 at 434-438 Holt v Protective Commissioner (1993) 31 NSWLR 227 at 238C-239B, 240D, 241B-F and 243P-F; 238D-F and 241G-242A JPT v DST [2014] NSWSC 1735 at [35] M v M [2013] NSWSC 1495 at 50 Marion's case (1992) 175 CLR 218 at 258-259 Miller v Cameron (1936) 54 CLR 572 PB v BB [2013] NSWSC 1223 at [8] Perpetual Trustee Co. Limited v Fairlie-Cunninghame (1993) 32 NSWLR 377 Protective Commissioner v D (2004) 60 NSWLR 513 at 540-542, 543 and 544-545; JPT v DST [2014] NSWSC 1735 at [35] Quek v Beggs (1990) 5 BPR [97405] at 3-5 and 18 Re Eve [1986] 2 SCR 388 at 407-417; 31 DLR (4th) 1 at 14-21 Saunders v Vautier: CPT Custodian Pty Limited v Commissioner of State Revenue (Victoria) (2005) 224 CLR 98 at 1018-121 Secretary, Department of Health and Community Services v JWB and SMB (Marion's case) (1992) 175 CLR 218 Wellesley v Duke of Beaufort (1827) 2 Russ 1 at 20; 38 ER 236 at 243 Wellesley v Wellesley (1828) 2Blins 124 at 131; 4 ER 1078 at 1081 X v Sydney Children's Hospitals Specialty Network & Anor [2011] NSWSC 1272 Texts Cited: HS Theobald, The Law Relating to Lunacy (Stevens & Sons, London, 1924), pages 380 and 382 Category: Principal judgment Parties: Plaintiff: X, a person in need of protection Representation: Counsel: J H Stephenson (Plaintiff)