JO v KO [2005] NSWSC 604

JO v KO [2005] NSWSC 604

The Court had implied power under the Protected Estates Act 1983 to discharge KO's father as private manager because doing so was for the benefit of KO and his family by resolving family tension; once that resignation was permitted, the existing s 13 order enlivened the Court's s 22 power to commit management of KO's estate to the Protective Commissioner.

Jurisdiction
Australia
Judgment Date
20 June 2005
Procedural Posture
Application in the Equity Division Protective List Concerning Management of the Estate of a Protected Person / Ex Tempore Judgment on Application by Private Manager to Be Discharged and for Appointment of Another Manager
Outcome
Resignation permitted and new manager appointed.
Legal Topics
['protected Person Incapable of Managing Affairs' 'resignation or Discharge of Private Manager' 'appointment of Protective Commissioner' "management of Protected Person's Estate"]
['mental Health' 'equity' 'protected Estates'] ['protected Person Incapable of Managing Affairs' 'resignation or Discharge of Private Manager' 'appointment of Protective Commissioner' "management of Protected Person's Estate"]

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Procedural Posture

Application in the Equity Division Protective List Concerning Management of the Estate of a Protected Person / Ex Tempore Judgment on Application by Private Manager to Be Discharged and for Appointment of Another Manager

Legal Issues

  1. 1 ["Whether the Court has power under the Protected Estates Act 1983 to permit a private manager of a protected person's estate to resign or be discharged." 'Whether, after permitting the resignation or discharge, the Court can appoint another suitable person or commit management of the estate to the Protective Commissioner.']

Ratio Decidendi

The Court had implied power under the Protected Estates Act 1983 to discharge KO's father as private manager because doing so was for the benefit of KO and his family by resolving family tension; once that resignation was permitted, the existing s 13 order enlivened the Court's s 22 power to commit management of KO's estate to the Protective Commissioner.

Court Disposition

Resignation permitted and new manager appointed.

Orders

  • ['The applicant be discharged from the office of manager of the estate of KO.' 'The management of the estate of KO be committed to the Protective Commissioner.' 'The applicant within twenty-eight days file his final accounts in accordance with the Supreme Court Rules.' 'The applicant within twenty-eight days hand...