BPD [2016] NSWCATGD 21

BPD [2016] NSWCATGD 21

Revocation of the New South Wales financial management order was in Mr BPD's best interests because he was permanently resident in Victoria, was subject to Victorian administration orders, State Trustees Limited could effectively manage the estate including New South Wales assets and liabilities, the participants agreed there was no practical need for the New South Wales order to continue, and there was no evidence of likely prejudice to Mr BPD's interests.

Jurisdiction
Australia
Judgment Date
22 March 2016
Procedural Posture
Application to Revoke Financial Management Order / Guardianship Division Hearing and Decision
Outcome
Financial management order revoked.
Legal Topics
['revocation of Financial Management Order' 'best Interests of Protected Person' 'interstate Recognition and Administration Orders' 'assets in New South Wales Where Protected Person Resides in Victoria']
['guardianship and Financial Management' 'administrative Law'] ['revocation of Financial Management Order' 'best Interests of Protected Person' 'interstate Recognition and Administration Orders' 'assets in New South Wales Where Protected Person Resides in Victoria']

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Procedural Posture

Application to Revoke Financial Management Order / Guardianship Division Hearing and Decision

Legal Issues

  1. 1 ['Would it be in the best interests of Mr BPD for the financial management order to be revoked?' 'If not, is Mr BPD now capable of managing his own affairs?' 'If the financial management order is not to be revoked, should the Tribunal vary the order or confirm it?']

Ratio Decidendi

Revocation of the New South Wales financial management order was in Mr BPD's best interests because he was permanently resident in Victoria, was subject to Victorian administration orders, State Trustees Limited could effectively manage the estate including New South Wales assets and liabilities, the participants agreed there was no practical need for the New South Wales order to continue, and there was no evidence of likely prejudice to Mr BPD's interests.

Court Disposition

Financial management order revoked.

Orders

  • ['NSW Trustee and Guardian is directed to pay over or hand over such of the estate as is held by it to State Trustees Limited of 454 Collins Street, Melbourne, Victoria 3000.' 'Mr UGD is directed to pay over or hand over such of the estate as is held by him to State Trustees Limited of 454 Collins Street, Melbourne,...