Re LSC and GC [2016] NSWSC 1896

Supreme Court New South Wales

Medium Neutral Citation: Re LSC and GC [2016] NSWSC 1896 Hearing dates: 10 October and 23 November 2016, and written submissions Date of orders: 23 December 2016 Decision date: 23 December 2016 Jurisdiction: Equity - Protective List Before: Lindsay J Decision: In each of two protected estates, orders made (under s 86 of the NSW Trustee and Guardian Act 2009 NSW) for revocation of management orders made under s 41 of the Act, together with remedial orders consequent upon management of the estate by Perpetual Trustee Company Limited as legal successor of The Trust Company (by virtue of voluntary transfer determinations made by the Australian Securities and Industries Commission under Part 5D.6 of the Corporations Act 2001 Cth) without any order of the Court discharging or varying the order made under s 41(1)(b) of the NSW Trustee and Guardian Act 2009 for the appointment of The Trust Company as manager Catchwords: PROTECTIVE JURISDICTION – Protected estate management order - Voluntary transfer determination made by ASIC under the Corporations Act 2001 Cth Part 5D.6 does not, of itself, displace an order made by Court for ongoing management of a protected estate – Remedial orders made on exercise of protective jurisdiction

MENTAL HEALTH - Guardians, committees, administrators, managers and receivers – Financial management orders - Revocation Legislation Cited: Corporations Act 2001 Cth Guardianship Act 1987 NSW Interpretation Act 1987 NSW NSW Trustee and Guardian Act 2009 NSW Trustee Companies Act 1964 Cases Cited: Ability One Financial Management Pty Limited and Anor v JB by his tutor AB [2014] NSWSC 245 C v W (No. 2) [2016] NSWSC 945 GDR v EKR [2012] NSWSC 1543 Holt v Protective Commissioner (1993) 31 NSWLR 27 JJK v APK (1986) Aust Torts Reports 80-042 M v M [2013] NSWSC 1495 Re The Trust Company [2013] NSWSC 1680 Re The Trust Company [2013] NSWSC 1946 Re The Trust Company Ltd [2013] NSWSC 1947 Texts Cited: H S Theobald, The Law Relating to Lunacy (London, 1924 Category: Principal judgment Parties: The plaintiff (in each set of proceedings): An applicant for a Revocation Order.