Application by Jayne Elizabeth Beaumont [2018] NSWSC 1705

Supreme Court New South Wales

Medium Neutral Citation: Application by Jayne Elizabeth Beaumont [2018] NSWSC 1705 Hearing dates: 25, 26 October 2018 Decision date: 09 November 2018 Jurisdiction: Equity - Corporations List Before: Black J Decision: The advice and direction sought by the Plaintiff pursuant to s 38 of the Powers of Attorney Act 2003 (NSW) is given. The undertakings to the Court and Mrs Margaret Peel given by the Plaintiff and Mr David Peel are noted. Catchwords: AGENCY – powers of attorney – application for advice and direction under s 38 of the Powers of Attorney Act 2003 (NSW) – where attorneys appointed by enduring power of attorney have personal interest in any decision made in respect of the exercise of options by principal – where evidence supports the attorneys' view that exercise of options is not in the principal's best interests – whether the Court will give the advice and direction sought. Legislation Cited: - Civil Procedure Act 2005 (NSW) s 76 - Powers of Attorney Act 2003 (NSW) 9, 11, 12, 38 Cases Cited: - Taheri v Vitek (2014) 87 NSWLR 403 Category: Principal judgment Parties: Jayne Elizabeth Beaumont (Plaintiff) Representation: Counsel: R Dick SC/J Buncle

Solicitors: Maddocks Lawyers File Number(s): 2018/324655

Judgment

Application heard on 25 October 2018 1. By Summons filed on 23 October 2018, the Plaintiff, Mrs Jayne Beaumont, seeks advice and directions pursuant to s 38 of the Powers of Attorney Act 2003 (NSW) in her role as attorney for her mother, Mrs Margaret Peel ("Mrs Peel"). That section relevantly permits an attorney under a power of attorney to seek the Court's advice or direction as to a matter relating to the exercise of any function by the attorney under that power of attorney, and authorises the Court to give such advice or direction as it considers appropriate. The effect of such advice or direction is that no proceedings lie against the attorney "for or on account of any act, matter or thing done or omitted to be done by the attorney in good faith and in accordance with any approval, advice or direction given under this section". 2. The application was heard ex parte on 25 October 2018 in circumstances of urgency and I gave advice and directions on that date in the form then sought by Mrs Beaumont. I indicated that I would deliver my reasons for doing so thereafter and these are my reasons for giving that advice and making those directions. I have drawn on the helpful written submissions of Mr Dick, who appeared with Ms Buncle for Mrs Beaumont, in these reasons. I also address, at the end of these reasons, additional matters which arose when the matter was then relisted before me on 26 October 2018.