Re RT and Others [2018] NSWSC 1881

Supreme Court New South Wales

Medium Neutral Citation: Re RT and Others [2018] NSWSC 1881 Hearing dates: 4 December 2018 Date of orders: 05 December 2018 Decision date: 04 December 2018 Jurisdiction: Equity - Protective List Before: Lindsay J Decision: Settlement Agreement approved on behalf of a protected person. The NSW Trustee, as receiver and manager of her protected estate, directed to put the Agreement into effect. Catchwords: MENTAL HEALTH – Legal proceedings by and against protected persons – Approval of settlement of multiple sets of proceedings – Proceedings in Supreme Court and Family Court of Australia – Nature of Court's jurisdiction to approve settlement – Protected estate manager may be directed in the management of protected estate – Whether settlement in best interests of protected person – Settlement approved Legislation Cited: Civil Procedure Act 2005 NSW NSW Trustee and Guardian Act 2009 Cases Cited: Fisher v Marin [2008] NSWSC 1357. Holt v The Protective Commissioner (1993) 31 NSWLR 227 Permanent Trustee Company Limited v Mills (2007) 71 NSWLR 1 Re An Incapable Person D [1983] 2 NSWLR 590 Texts Cited: - Category: Principal judgment Parties: RT, a protected person Trustees in Bankruptcy of JT, her former husband Liquidator of TR Pty Ltd and TW Pty Ltd K, a daughter of RT and JT Representation: Counsel: RT: G Mackey, Solicitor, NSW Trustee Trustees Trustees in Bankruptcy: A Ahmad Liquidator: M Pesman SC K: M Condon SC and M Klooster