FBT [2014] NSWCATGD 27

FBT [2014] NSWCATGD 27

The recognition order was revoked because State Trustees Limited did not wish to act as tutor for legal proceedings in NSW, Ms FBT had no assets in NSW, and the revocation would enable the NSW Trustee and Guardian to act as tutor for any proceedings, thus serving Ms FBT's welfare and interests.

Parties
Subject Person: Ms FBT; Recognised Financial Manager: State Trustees Ltd; Party: NSW Trustee and Guardian
Jurisdiction
Australia
Judgment Date
24 July 2014
Procedural Posture
Review of Recognition of Interstate Financial Manager / Decision
Outcome
interstate recognition revoked
Legal Topics
Interstate Recognition, Revocation of Financial Management Order, Tutor Appointment, Legal Incapacity
Guardianship Financial Management Interstate Recognition Revocation of Financial Management Order Tutor Appointment Legal Incapacity

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Parties

Ms FBT

Subject Person

State Trustees Ltd

Recognised Financial Manager

NSW Trustee and Guardian

Party

Procedural Posture

Review of Recognition of Interstate Financial Manager / Decision

Legal Issues

  1. 1 Whether recognition of interstate financial management order should be revoked
  2. 2 Appointment of tutor for legal proceedings in NSW for person under legal incapacity

Ratio Decidendi

The recognition order was revoked because State Trustees Limited did not wish to act as tutor for legal proceedings in NSW, Ms FBT had no assets in NSW, and the revocation would enable the NSW Trustee and Guardian to act as tutor for any proceedings, thus serving Ms FBT's welfare and interests.

Court Disposition

interstate recognition revoked

Orders

  • The recognition order made on 7 January 2013 is revoked.