DZS [2016] NSWCATGD 64

DZS [2016] NSWCATGD 64

Mr DZS was 16 years old, beneficially interested in assets and rights arising from his late father's will, including the family home and a discretionary trust, and was under legal incapacity to conduct legal proceedings. The Tribunal found the relevant legal and financial matters were complex and beyond his capability, that without a financial manager he could not investigate, clarify or enforce his rights, and that a financial management order was in his best interests. Because concerns about Ms JBS were unresolved and Mr DZS opposed her appointment, Ms JBS was not shown to be suitable. Ms TAL had relevant financial experience, was willing to comply with NSW Trustee and Guardian...

Jurisdiction
Australia
Judgment Date
28 June 2016
Procedural Posture
Application for a Financial Management Order / Principal Judgment
Outcome
Financial management order made; Ms TAL appointed as financial manager; order to be reviewed within three months.
Legal Topics
['financial Management Order for a Minor' 'capacity to Manage Affairs' 'appointment of Private Financial Manager' 'separate Representation' 'withdrawal of Application' 'administration of Discretionary Trust and Interests Under a Will']
['guardianship and Financial Management' 'protected Estates' 'civil Procedure'] ['financial Management Order for a Minor' 'capacity to Manage Affairs' 'appointment of Private Financial Manager' 'separate Representation' 'withdrawal of Application' 'administration of Discretionary Trust and Interests Under a Will']

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Procedural Posture

Application for a Financial Management Order / Principal Judgment

Legal Issues

  1. 1 ['Whether Mr DZS was incapable of managing his affairs.' "Whether there was a need for another person to manage Mr DZS's affairs and whether it was in his best interests for a financial management order to be made." 'Who should be appointed as financial manager.' 'Whether the financial management order should be reviewable.' 'Whether Mr DZS should have separate representation at the review.']

Ratio Decidendi

Mr DZS was 16 years old, beneficially interested in assets and rights arising from his late father's will, including the family home and a discretionary trust, and was under legal incapacity to conduct legal proceedings. The Tribunal found the relevant legal and financial matters were complex and beyond his capability, that without a financial manager he could not investigate, clarify or enforce his rights, and that a financial management order was in his best interests. Because concerns about Ms JBS were unresolved and Mr DZS opposed her appointment, Ms JBS was not shown to be suitable. Ms TAL had relevant financial experience, was willing to comply with NSW Trustee and Guardian...

Court Disposition

Financial management order made; Ms TAL appointed as financial manager; order to be reviewed within three months.

Orders

  • ['The estate of Mr DZS is subject to management under the NSW Trustee and Guardian Act 2009.' 'Ms TAL is appointed as the financial manager of the estate.' 'This order be reviewed by the Tribunal within 3 months.' 'Mr DZS be represented by a separate representative at the review of the order.' 'The Separate...