SLJ v RTJ [2017] NSWSC 137

Supreme Court New South Wales

Medium Neutral Citation: SLJ v RTJ [2017] NSWSC 137 Hearing dates: 5 and 13 September and 11 October 2016, and consideration in chambers after receipt of a Report dated 24 November 2016 from the NSW Trustee Date of orders: 24 February 2017 Decision date: 24 February 2017 Jurisdiction: Equity - Protective List Before: Lindsay J Decision: Orders made for removal and replacement of a protected estate manager, incorporating orders made to confirm that an estate is subject to management under the NSW Trustee and Guardian Act 2009 NSW, reserving liberty to apply for accounting or remedial orders. Catchwords: GUARDIANSHIP — Protected person — Financial management — Change of manager — Order for discharge of private manager — Order for appointment of private manager — Principles governing a change of manager — Paramount consideration remains protection of welfare, and interests, of protected person — Prudential management requires flexibility, consultation with protected person and family, and respect for protected person's autonomy. PROTECTIVE JURISDICTION – Protected person – Irregularities in original financial management order – Failure to reference NSW Trustee and Guardian Act 2009 – No declaration of incapacity – No management order expressly pursuant to s41 of NSW Trustee and Guardian Act 2009 – No appointment of manager expressly pursuant to s41 of NSW Trustee and Guardian Act 2009 – Accountability of manager – Availability of remedial orders. Legislation Cited: Civil Procedure Act 2005 NSW Corporations Act 2001 Cth Corporations Regulations 2001 Cth Interpretation Act 1987 NSW Trustee and Guardian Act 2009 NSW Supreme Court Act 1970 NSW 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 M v M [2013) NSWSC 1495 MKH v JBH (No. 2) [2016] NSWSC 1103 MKH v JBH [2016] NSWSC 1031 Re LSC and GC [2016] NSWSC 1896 Re LSC and GC [2016] NSWSC 1896 Re Managed Estates Remuneration Orders [2014] NSWSC 383 (2 April 2014) Secretary, Department of Health and Community Services v JWB and SMB (Marion's Case) (1992) 175 CLR 218 Texts Cited: - Category: Principal judgment Parties: Plaintiff: Mother of defendant Defendant: Person ostensibly under protective management NSW Trustee: C Phang, Solicitor Representation: Solicitors: Plaintiff: Bourke Love File Number(s): 2016/00195883