Re Flint [2005] NSWSC 560

Re Flint [2005] NSWSC 560

The evidence that Glenn Flint had disappeared after a medical appointment, had not been heard from for over three years, and had been unsuccessfully searched for by police, the Salvation Army, relatives and media appeals satisfied the statutory criteria in s 21C. His usual residence was in Manly, New South Wales, and it was in his interests for his estate to be managed. His parents were appropriate managers, and security was dispensed with because of their close relationship with him, the small estate and the low risk of loss.

Jurisdiction
Australia
Judgment Date
09 June 2005
Procedural Posture
Application Under S 21 C of the Protected Estates Act 1983 for Declaration That a Person Is a Missing Person and for Management of the Person's Estate / Heard in Chambers Without Appearance of Any Person in the Supreme Court of New South Wales, Equity Division, Protective List
Outcome
Declaration made that Glenn Keith Douglas Flint is a missing person; his estate was placed under management; his parents were appointed managers without security; plaintiffs' assessed costs were ordered to be paid from the estate.
Legal Topics
['missing Person Declaration' 'appointment of Protective Managers' 'management of Estate' 'security for Managers' 'protected Estates Act 1983, S 21 C']
['protective Law' 'mental Health' 'estate Management'] ['missing Person Declaration' 'appointment of Protective Managers' 'management of Estate' 'security for Managers' 'protected Estates Act 1983, S 21 C']

Case Brief

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Procedural Posture

Application Under S 21 C of the Protected Estates Act 1983 for Declaration That a Person Is a Missing Person and for Management of the Person's Estate / Heard in Chambers Without Appearance of Any Person in the Supreme Court of New South Wales, Equity Division, Protective List

Legal Issues

  1. 1 ['Whether Glenn Keith Douglas Flint was a missing person within s 21C of the Protected Estates Act 1983.' 'Whether his usual place of residence was in New South Wales.' 'Whether it was in his best interests for his estate to be subject to management under the Protected Estates Act 1983.' 'Whether his parents should be appointed managers of his estate without security.']

Ratio Decidendi

The evidence that Glenn Flint had disappeared after a medical appointment, had not been heard from for over three years, and had been unsuccessfully searched for by police, the Salvation Army, relatives and media appeals satisfied the statutory criteria in s 21C. His usual residence was in Manly, New South Wales, and it was in his interests for his estate to be managed. His parents were appropriate managers, and security was dispensed with because of their close relationship with him, the small estate and the low risk of loss.

Court Disposition

Declaration made that Glenn Keith Douglas Flint is a missing person; his estate was placed under management; his parents were appointed managers without security; plaintiffs' assessed costs were ordered to be paid from the estate.

Orders

  • ['The estate of the defendant be subject to management under the provisions of the Protected Estates Act 1983.' 'Lindsay Ross Flint and Pauline Anne Flint be appointed manager of the estate of the defendant without security to act in relation thereto under the order and direction of the Protective Commissioner.' 'On...