BME [2016] NSWCATGD 33

BME [2016] NSWCATGD 33

The Tribunal was not satisfied that Mrs MZS's past performance or expenditure, viewed in light of NSW Trustee and Guardian supervision and its view that there was no wrongdoing and no present basis for seeking removal, made revocation of her appointment necessary. However, Mrs BME's best interests required prompt and effective exploration of access to value in her half share of the regional NSW house and avoidance, if possible, of expensive court proceedings. The irretrievable breakdown between Mrs MZS and Mr EXE was a significant impediment to non-curial resolution about that property. Appointment of the neutral and independent NSW Trustee and Guardian would best promote Mrs BME's...

Jurisdiction
Australia
Judgment Date
22 June 2016
Procedural Posture
Application for Revocation of Financial Management Order; Requested Review of Appointment of Financial Manager; Application for Leave to Represent / Principal Judgment After Hearing in the Guardianship Division
Outcome
Financial management order retained; appointment of private manager revoked; NSW Trustee and Guardian appointed; application to revoke financial management order dismissed; leave for legal representation granted.
Legal Topics
['revocation of Financial Management Order' 'review of Appointment of Financial Manager' 'appointment of NSW Trustee and Guardian' 'private Manager Expenditure and Supervision' 'best Interests of Protected Person' 'legal Representation Before Tribunal' 'conflict of Duty']
['guardianship and Financial Management' 'administrative Law' 'protective Jurisdiction'] ['revocation of Financial Management Order' 'review of Appointment of Financial Manager' 'appointment of NSW Trustee and Guardian' 'private Manager Expenditure and Supervision' 'best Interests of Protected Person' 'legal Representation Before Tribunal' 'conflict of Duty']

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

Application for Revocation of Financial Management Order; Requested Review of Appointment of Financial Manager; Application for Leave to Represent / Principal Judgment After Hearing in the Guardianship Division

Legal Issues

  1. 1 ["Whether the financial management order in respect of Mrs BME's estate should be revoked." "Whether Mrs MZS's appointment as financial manager should be revoked and the NSW Trustee and Guardian appointed instead." "Whether alleged excessive or unsustainable expenditure by Mrs MZS made revocation of her appointment in Mrs BME's best interests." "Whether conflict between Mrs MZS and Mr EXE over the regional NSW property impeded effective non-curial resolution in Mrs BME's interests." 'Whether leave should be granted for Mr Stuart Latham to represent Mrs MZS at the hearing.']

Ratio Decidendi

The Tribunal was not satisfied that Mrs MZS's past performance or expenditure, viewed in light of NSW Trustee and Guardian supervision and its view that there was no wrongdoing and no present basis for seeking removal, made revocation of her appointment necessary. However, Mrs BME's best interests required prompt and effective exploration of access to value in her half share of the regional NSW house and avoidance, if possible, of expensive court proceedings. The irretrievable breakdown between Mrs MZS and Mr EXE was a significant impediment to non-curial resolution about that property. Appointment of the neutral and independent NSW Trustee and Guardian would best promote Mrs BME's...

Court Disposition

Financial management order retained; appointment of private manager revoked; NSW Trustee and Guardian appointed; application to revoke financial management order dismissed; leave for legal representation granted.

Orders

  • ["The appointment of Mrs MZS as manager of Mrs BME's estate was revoked." "The NSW Trustee and Guardian was appointed as manager of Mrs BME's estate in her stead." "The application for revocation of the financial management order in respect of Mrs BME's estate was dismissed." "Leave was granted to Mr Stuart Latham...