Secretary, NSW Department of Communities and Justice and Anor v ZYM and Anor [2022] NSWSC 935

Secretary, NSW Department of Communities and Justice and Anor v ZYM and Anor [2022] NSWSC 935

Because evidence was now available of Australian Executor Trustees Ltd's consent and suitability, and because it was a licensed trustee company with safeguards inherent in that status and suitable to manage a protected estate of significant value, it was appropriate to appoint it as manager of the first defendant's protected estate, authorise remuneration, and order payment out of funds in court to it as manager.

Jurisdiction
Australia
Judgment Date
12 July 2022
Procedural Posture
Equity Proceedings Concerning Financial Management of a Protected Estate / Plaintiffs' Summons Following Referral From Ncat; Orders Made Appointing a Licensed Trustee Company as Manager
Outcome
Orders made for the appointment of Australian Executor Trustees Ltd as manager of the first defendant's protected estate and related management, remuneration, payment out and costs orders.
Legal Topics
['appointment of Financial Manager' 'licensed Trustee Company as Suitable Private Manager' 'remuneration of Protected Estate Manager' 'payment Out of Funds in Court']
['guardianship' 'equity' 'protected Estates'] ['appointment of Financial Manager' 'licensed Trustee Company as Suitable Private Manager' 'remuneration of Protected Estate Manager' 'payment Out of Funds in Court']

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Procedural Posture

Equity Proceedings Concerning Financial Management of a Protected Estate / Plaintiffs' Summons Following Referral From Ncat; Orders Made Appointing a Licensed Trustee Company as Manager

Legal Issues

  1. 1 ['Whether the first defendant was incapable of managing his affairs.' "Whether the first defendant's estate should be subject to management under the NSW Trustee and Guardian Act 2009 NSW." "Whether Australian Executor Trustees Ltd, a licensed trustee company, should replace the NSW Trustee as manager of the first defendant's protected estate." 'Whether remuneration for Australian Executor Trustees Ltd as manager should be authorised.' "Whether funds held in court on the first defendant's account should be paid out to the appointed manager."]

Ratio Decidendi

Because evidence was now available of Australian Executor Trustees Ltd's consent and suitability, and because it was a licensed trustee company with safeguards inherent in that status and suitable to manage a protected estate of significant value, it was appropriate to appoint it as manager of the first defendant's protected estate, authorise remuneration, and order payment out of funds in court to it as manager.

Court Disposition

Orders made for the appointment of Australian Executor Trustees Ltd as manager of the first defendant's protected estate and related management, remuneration, payment out and costs orders.

Orders

  • ['Declare, pursuant to s 41(1)(a) of the NSW Trustee and Guardian Act 2009 NSW, that the first defendant is incapable of managing his affairs.' 'Order, pursuant to ss 40 and 41(1)(a) of the NSW Trustee and Guardian Act 2009, that the estate of the first defendant, other than wages of the first defendant from...