Re S, an incapacitated young person [2017] NSWSC 859

Supreme Court New South Wales

Medium Neutral Citation: Re S, an incapacitated young person [2017] NSWSC 859 Hearing dates: 22 June 2017 Date of orders: 29 June 2017 Decision date: 29 June 2017 Jurisdiction: Equity - Protective List Before: Lindsay J Decision: Orders made (some with immediate effect, others with postponed effect) to aid an orderly transition from management of an incapacitated person's estate via a trust to management as a protected estate, subject to the NSW Trustee and Guardian Act 2009 NSW Catchwords: GUARDIANSHIP – Protected person – Financial management – Appointment of manager – Private manager – Transition from trust regime to protected estate management regime – Protective orders made to facilitate orderly transition

MENTAL HEALTH – Protected person – Financial management – Management of trust property – Management of protected estate – Transition from trust regime to protected estate management regime – Form of orders Legislation Cited: Civil Procedure Act 2005 NSW Corporations Act 2001 Cth NSW Trustee and Guardian Act 2009 NSW Cases Cited: Ability One Financial Management Pty Limited and Anor v JB by his Tutor AB [2014] NSWSC 245 AG v AP-G [2013] NSWSC 272 CJ v AKJ [2015] NSWSC 498 GAU v GAV [2016] 1 Qd R 1 Holt v Protective Commissioner (1993) 31 NSWLR 227 Holt v Protective Commissioner (1993) 31 NSWLR 227 JP v CP [2013] NSWSC 273 JP v CP [2013] NSWSC 373 Letterstedt v Broers (1884) 9 App Cas 371 M v M [2013] NSWSC 1495 McLean v Burns Philp Trustee Co Pty Limited (1985) 2 NSWLR 623 Miller v Cameron (1936) 54 CLR 572 Re AAA; Report on a protected persons attainment of the age of majority [2016] NSWSC 805 Re Eve [1986] 2 SCR 388 at 407-411; 31 DLR (4th) 1 Re LSC and GC [2016] NSWSC 1896 Re Managed Estates Remuneration Orders [2014] NSWSC 383 Re TLH, a protected person [2017] NSWSC 737 Re W and L (Parameters Of Protected Estate Management Orders) [2014] NSWSC 1106 Secretary, Department of Health and Community Services v JWB and SMB (Marion's case) (1992) 175 CLR 218 SLJ v RTJ [2017] NSWSC 137 Texts Cited: - Category: Principal judgment Parties: Plaintiff: Mother of First Defendant First Defendant ("S"): A Minor physically incapable of managing her affairs Second Defendant: Equity Trustees Wealth Services Limited ACN 006 132 332 Representation: Counsel: Plaintiff: G Burton SC First Defendant ("S"): No appearance Second Defendant: GJ Basha, Solicitor NSW Trustee (Amicus Curiae): C Phang