Re B [2000] NSWSC 44

Re B [2000] NSWSC 44

The Court approved the Protective Commissioner's recommended payment because, applying the inherent jurisdiction principles, B if capable may well have wished to recompense her mother for detriment suffered through long-term care and to support future care, the estate would remain ample for B's needs even after the payment, and $400,000 was fairly within the appropriate range despite the inadequacy of both the mother's expectation and the damages formula as precise measures.

Jurisdiction
Australia
Judgment Date
08 February 2000
Procedural Posture
Application in Chambers by the Protective Commissioner as Manager of the Estate of B for Approval of a Proposed Payment From B's Estate to B's Mother in Recognition of Past Services to B / Approval of Proposed Payment From Protected Person's Estate
Outcome
The proposed payment was approved and ordered to be paid out of B's estate.
Legal Topics
["management of Protected Person's Estate" "gratuitous Payments From Protected Person's Estate" 'moral Obligations of Protected Person' 'griffiths V Kerkemeyer Damages' 'inherent Jurisdiction']
['mental Health' 'protected Estates' 'equity'] ["management of Protected Person's Estate" "gratuitous Payments From Protected Person's Estate" 'moral Obligations of Protected Person' 'griffiths V Kerkemeyer Damages' 'inherent Jurisdiction']

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Procedural Posture

Application in Chambers by the Protective Commissioner as Manager of the Estate of B for Approval of a Proposed Payment From B's Estate to B's Mother in Recognition of Past Services to B / Approval of Proposed Payment From Protected Person's Estate

Legal Issues

  1. 1 ["Whether the Court could authorise a payment from B's protected estate to B's mother in recognition of past care despite the absence of a provision in the Protected Estates Act 1983 permitting payment to settle a moral obligation" "Whether the proposed payment of $400,000 to B's mother was appropriate having regard to B's needs, the mother's past care, and what B would probably have done if in full control of her faculties"]

Ratio Decidendi

The Court approved the Protective Commissioner's recommended payment because, applying the inherent jurisdiction principles, B if capable may well have wished to recompense her mother for detriment suffered through long-term care and to support future care, the estate would remain ample for B's needs even after the payment, and $400,000 was fairly within the appropriate range despite the inadequacy of both the mother's expectation and the damages formula as precise measures.

Court Disposition

The proposed payment was approved and ordered to be paid out of B's estate.

Orders

  • ["The Protective Commissioner's recommended payment of $400,000 to B's mother is approved." "That sum is to be paid out of B's estate."]