MYS [2016] NSWCATGD 66

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: MYS [2016] NSWCATGD 66 Hearing dates: 28 June 2016 Date of orders: 28 June 2016 Decision date: 28 June 2016 Jurisdiction: Guardianship Division Before: R Booby, Senior Member (Legal) W Longley, Senior Member (Professional) S Fogg, General Member (Community) Decision: 1. The estate of Mr MYS is subject to management under the NSW Trustee and Guardian Act 2009. 2. Ms TAL is appointed as the financial manager of the estate. 3. This order be reviewed by the Tribunal within 3 months. Catchwords: FINANCIAL MANAGEMENT – application for a financial management order – 10-year-old subject person – person under legal incapacity – need for financial manager to assist with administration of discretionary trust and legal proceedings – separate representative appointed – private manager appointed Legislation Cited: Civil Procedure Act 2005 (NSW), s 3 Guardianship Act 1987 (NSW), ss 4, 15, 25M Minors (Property and Contracts) Act 1970 (NSW), s 50 Cases Cited: CJ v AKJ [2015] NSWSC 498 Holt v Protective Commissioner (1993) 31 NSWLR 227 McD v McD (1983) 3 NSWLR 81 P v NSW Trustee and Guardian [2015] NSWSC 579 P v R [2003] NSWSC 819 PB v BB [2013] NSWSC 1223 Re D [2012] NSWSC 1006 Re W and L (Parameters of Protected Estate Management Orders) [2014] NSWSC 1106 Category: Principal judgment Parties: Mr MYS (subject person) Ms JBS (applicant and carer) Ms TAL (party joined) The NSW Trustee and Guardian Representation: Separate Representation: M Streeter (Subject Person) File Number(s): 61464 Publication restriction: Decisions of the Guardianship Division of the Civil and Administrative Tribunal have been anonymised to remove any information that may identify any person involved in the Tribunal's proceedings (s 65, Civil and Administrative Tribunal Act 2013 (NSW)).