KXS [2016] NSWCATGD 65

KXS [2016] NSWCATGD 65

Given Mr KXS's minority, statutory incapacity, and the complexity of his financial affairs, he is incapable of managing his financial affairs; there is a need for a financial management order to protect his interests; and Ms TAL is suitable for appointment as financial manager subject to review.

Parties
Subject Person: Mr KXS; Applicant and Carer: Ms JBS; Party Joined: Ms TAL; Party: The NSW Trustee and Guardian
Jurisdiction
Australia
Judgment Date
28 June 2016
Procedural Posture
Financial Management Application / Decision After Hearing
Outcome
Financial management order made; private manager appointed; order reviewable in three months.
Legal Topics
Appointment of Financial Manager, Legal Incapacity of Minors, Discretionary Trusts, Management of Minor's Property
Guardianship Financial Management Appointment of Financial Manager Legal Incapacity of Minors Discretionary Trusts Management of Minor's Property

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Parties

Mr KXS

Subject Person

Ms JBS

Applicant and Carer

Ms TAL

Party Joined

The NSW Trustee and Guardian

Party

Procedural Posture

Financial Management Application / Decision After Hearing

Legal Issues

  1. 1 Is Mr KXS incapable of managing his affairs?
  2. 2 Is there a need for another person to manage Mr KXS's affairs and is it in his best interests for a financial management order to be made?
  3. 3 Who should be appointed financial manager?

Ratio Decidendi

Given Mr KXS's minority, statutory incapacity, and the complexity of his financial affairs, he is incapable of managing his financial affairs; there is a need for a financial management order to protect his interests; and Ms TAL is suitable for appointment as financial manager subject to review.

Court Disposition

Financial management order made; private manager appointed; order reviewable in three months.

Orders

  • The estate of Mr KXS is subject to management under the NSW Trustee and Guardian Act 2009.
  • Ms TAL is appointed as the financial manager of the estate.