LP v P & Ors [2018] NSWSC 1168

Supreme Court New South Wales

Medium Neutral Citation: LP v P & Ors [2018] NSWSC 1168 Hearing dates: 23 – 24 May 2018 Date of orders: 02 August 2018 Decision date: 02 August 2018 Jurisdiction: Equity Before: Hallen J Decision: Orders that the Amended Summons be dismissed.

Stands over the proceedings to a date to be fixed at the time of publishing these reasons, to give the parties the opportunity to finalise, with the NSW Trustee and Guardian, the matters referred to in Ex. D and to reach agreement on how the costs of the proceedings are to be paid. Catchwords: MENTAL HEALTH — Protected person — Appointment made in 2012 for financial manager of estate — Application by mother of protected person that the financial manager be removed and that a new nominated financial manager be appointed — Principles governing change of financial manager — Paramount consideration remains welfare, and interests, of protected person — Prudential management requires flexibility, consultation and respect for autonomy. Legislation Cited: Corporations Act 2001 (Cth) Court Suppression and Non-publication Orders Act 2010 (NSW) Guardianship Act 1987 (NSW) Interpretation Act 1987 (NSW) Motor Accidents Compensation Act 1999 (NSW) NSW Trustee and Guardian Act 2009 (NSW) Cases Cited: Ability One Financial Management Pty Limited v JB by his Tutor AB [2014] NSWSC 245 Application of J & K [2009] NSWSC 1453 L v L [2014] NSWSC 1686 MB v Protective Commissioner (2000) 50 NSWLR 24; [2000] NSWSC 717 PB v BB [2013] NSWSC 1223 Re LSC and GC [2016] NSWSC 1896 Re S, An Incapacitated Young Person [2017] NSWSC 859 Re TLH, a protected person [2017] NSWSC 737 SLJ v RTJ [2017] NSWSC 137 M v M [2013] NSWSC 1495 Category: Principal judgment Parties: LP (Plaintiff) L by his tutor Perpetual Trustee Company Limited (first Defendant) KP (second Defendant) WP (third Defendant) MP (fourth Defendant) AP (fifth Defendant) MiP (sixth Defendant) Representation: Counsel: Mr R Wilson SC (Plaintiff) Mr M K Meek SC (first Defendant) Mr C A Lambert (second – sixth Defendants) Ms J Brouwer (NSW Trustee & Guardian)