DVX [2016] NSWCATGD 26

DVX [2016] NSWCATGD 26

The Tribunal varied the existing financial management order because Ms TKX remained suitable and there was no evidence that her appointment should be altered; Ms BRX had relevant financial experience, had previously assisted informally, had no bankruptcy, dishonesty convictions, or shared finances with Miss DVX, and the evidence showed that Ms TKX and Ms BRX would work well together. Their joint appointment was in Miss DVX's best interests.

Jurisdiction
Australia
Judgment Date
26 October 2016
Procedural Posture
Financial Management Order Review/application to Revoke Financial Management Order / Application to Revoke Withdrawn; Tribunal Considered Oral Application to Vary the Order by Appointing a Joint Financial Manager
Outcome
Financial management order varied; Ms TKX and Ms BRX appointed jointly as financial managers of Miss DVX's estate, subject to the authority and directions of the NSW Trustee and Guardian.
Legal Topics
['variation of Financial Management Order' 'appointment of Private Financial Managers' 'suitability of Financial Manager' 'surety Bond Requirements']
['guardianship and Administration' 'financial Management'] ['variation of Financial Management Order' 'appointment of Private Financial Managers' 'suitability of Financial Manager' 'surety Bond Requirements']

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Procedural Posture

Financial Management Order Review/application to Revoke Financial Management Order / Application to Revoke Withdrawn; Tribunal Considered Oral Application to Vary the Order by Appointing a Joint Financial Manager

Legal Issues

  1. 1 ['Whether the financial management order for Miss DVX should be revoked or varied.' "Whether Ms BRX was a suitable person to be appointed jointly with Ms TKX as financial manager of Miss DVX's estate." "Whether appointing Ms TKX and Ms BRX as joint financial managers was in Miss DVX's best interests."]

Ratio Decidendi

The Tribunal varied the existing financial management order because Ms TKX remained suitable and there was no evidence that her appointment should be altered; Ms BRX had relevant financial experience, had previously assisted informally, had no bankruptcy, dishonesty convictions, or shared finances with Miss DVX, and the evidence showed that Ms TKX and Ms BRX would work well together. Their joint appointment was in Miss DVX's best interests.

Court Disposition

Financial management order varied; Ms TKX and Ms BRX appointed jointly as financial managers of Miss DVX's estate, subject to the authority and directions of the NSW Trustee and Guardian.

Orders

  • ['The financial management order made by the Tribunal on 08 September 2015 in relation to the estate of Miss DVX is varied as follows: Ms TKX and Ms BRX are appointed jointly as the financial managers of the estate.']