CD v EF & Anor [2018] NSWSC 848

Supreme Court New South Wales

Medium Neutral Citation: CD v EF & Anor [2018] NSWSC 848 Hearing dates: 26 & 27 April 2018 and 8 & 9 May 2018 Date of orders: 15 June 2018 Decision date: 15 June 2018 Jurisdiction: Equity Before: Slattery J Decision: Orders made confirming the appointment of the Public Guardian as the second defendant's committee of the person. Orders made confirming the continued management of the second defendant's estate by the New South Wales Trustee and Guardian. Costs reserved and directions made for the future management of the proceedings. Catchwords: PROTECTED PERSONS – second defendant incapable of managing her affairs – New South Wales Trustee and Guardian appointed as receiver and manager of her estate – Public Guardian appointed as the second defendant's committee of the person with plenary authority in relation to her person – the second defendant currently resides in a nursing home – the second defendant has two children, the first plaintiff and the first defendant – the first plaintiff and the first defendant cannot agree upon the appropriate future place of accommodation for the second defendant – each of the second defendant's children holds strong but different convictions about where the second defendant should live – the first defendant contends that the second defendant should remain in the nursing home, where she now resides – the first plaintiff contends that the second defendant's specific personal needs require her to be transferred back to and accommodated in her former home – the first plaintiff seeks appointment as the second defendant's committee of the person – the first defendant seeks to maintain the interim appointment of the Public Guardian as the committee of the person for the second defendant – what are the second defendant's accommodation needs – what is the relationship between the second defendant's accommodation needs and the appointment of a committee of the person for her – what is in the second defendant's best interests in relation to appointment of a committee of the person for her – whether the plaintiff should be appointed as the second defendant's committee of the person – whether in the alternative, to the first plaintiff, the second plaintiff, the second defendant's grandchild should be appointed as the second defendant's committee of the person.