EWT [2020] NSWCATGD 98

EWT [2020] NSWCATGD 98

SAK and JYK, as attorneys, failed to adequately fulfill their fiduciary obligations by misleading government authorities, commingling EWT's funds, exposing his assets to unnecessary risk, and self-determining reimbursements and investment returns. These deficiencies, as well as the lack of suitable private managers, require the appointment of the NSW Trustee and Guardian as financial manager for EWT, and justify the making of a financial management order. There is no benefit in separately reviewing the operation and effect of the enduring power of attorney.

Jurisdiction
Australia
Judgment Date
16 June 2020
Procedural Posture
Application / Hearing and Decision
Outcome
Application for financial management order granted; application to review enduring power of attorney declined.
Legal Topics
['financial Management Order' 'review of Enduring Power of Attorney' 'fiduciary Duties' 'capacity' 'appointment of Financial Manager']
['guardianship' 'financial Management'] ['financial Management Order' 'review of Enduring Power of Attorney' 'fiduciary Duties' 'capacity' 'appointment of Financial Manager']

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Procedural Posture

Application / Hearing and Decision

Legal Issues

  1. 1 ['Whether EWT is incapable of managing his financial affairs' 'Whether a financial management order should be made in respect of EWT' 'Whether the Tribunal should review the enduring power of attorney' 'Who should be appointed as financial manager for EWT']

Ratio Decidendi

SAK and JYK, as attorneys, failed to adequately fulfill their fiduciary obligations by misleading government authorities, commingling EWT's funds, exposing his assets to unnecessary risk, and self-determining reimbursements and investment returns. These deficiencies, as well as the lack of suitable private managers, require the appointment of the NSW Trustee and Guardian as financial manager for EWT, and justify the making of a financial management order. There is no benefit in separately reviewing the operation and effect of the enduring power of attorney.

Court Disposition

Application for financial management order granted; application to review enduring power of attorney declined.

Orders

  • ['The estate of EWT is subject to management under the NSW Trustee and Guardian Act 2009 (NSW).' 'The management of the estate of EWT is committed to the NSW Trustee and Guardian.' 'The Tribunal declines to conduct a review of the operation and effect of the enduring power of attorney made by EWT on 11 October 2016.']