QBS [2015] NSWCATGD 30

QBS [2015] NSWCATGD 30

It was in Miss QBS's best interests to revoke the financial management order because her estate had significantly increased under Mr LAS's management, there were no concerns about Mr LAS and Mr TCI continuing to assist her, she had executed an Enduring Power of Attorney appointing them to act for her, and revocation would remove reporting obligations and fees payable to the NSW Trustee and Guardian.

Jurisdiction
Australia
Judgment Date
18 February 2015
Procedural Posture
Review of Financial Management Order; Application to Revoke Financial Management Order / Decision After Hearing
Outcome
Financial management order revoked.
Legal Topics
['revocation of Financial Management Order' 'capacity to Manage Affairs' 'best Interests' 'informal Financial Support' 'enduring Power of Attorney']
['guardianship' 'financial Management'] ['revocation of Financial Management Order' 'capacity to Manage Affairs' 'best Interests' 'informal Financial Support' 'enduring Power of Attorney']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Review of Financial Management Order; Application to Revoke Financial Management Order / Decision After Hearing

Legal Issues

  1. 1 ['Whether the financial management order made for Miss QBS should be confirmed, revoked or varied.' 'Whether Miss QBS was capable of managing her affairs.' "Whether it was in Miss QBS's best interests that the financial management order be revoked." "Whether Miss QBS's affairs could be managed with informal support and an Enduring Power of Attorney."]

Ratio Decidendi

It was in Miss QBS's best interests to revoke the financial management order because her estate had significantly increased under Mr LAS's management, there were no concerns about Mr LAS and Mr TCI continuing to assist her, she had executed an Enduring Power of Attorney appointing them to act for her, and revocation would remove reporting obligations and fees payable to the NSW Trustee and Guardian.

Court Disposition

Financial management order revoked.

Orders

  • ['The Tribunal revoked the financial management order it made on 30 November 2001 in relation to Miss QBS.']