C v H & Anor [2002] NSWSC 733

C v H & Anor [2002] NSWSC 733

Although a family member or associated private manager may be appointed in appropriate cases and the investment and fee comparisons did not themselves determine the matter, the proposed manager's conflict as a financial adviser earning fees from investments, the likelihood of requests from the mother being treated less critically, and especially the father's strong objection and preference for the Protective Commissioner made appointment of the Protective Commissioner the course most consistent with the protected person's paramount interests.

Jurisdiction
Australia
Judgment Date
03 July 2002
Procedural Posture
Original Proceedings for Appointment of a Manager of the Estate of a Protected Person Pursuant to S13 of the Protected Estates Act 1983 / Final Determination
Outcome
Protective Commissioner appointed as manager of the estate of the first defendant.
Legal Topics
['appointment of Manager of Protected Estate' 'protected Person Incapable of Managing Affairs' 'conflict of Interest' 'protective Commissioner' "management of Minor's Estate"]
['protective Estates' 'equity'] ['appointment of Manager of Protected Estate' 'protected Person Incapable of Managing Affairs' 'conflict of Interest' 'protective Commissioner' "management of Minor's Estate"]

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

Original Proceedings for Appointment of a Manager of the Estate of a Protected Person Pursuant to S13 of the Protected Estates Act 1983 / Final Determination

Legal Issues

  1. 1 ['Whether the first defendant was incapable of managing her affairs and her estate should be subject to management.' "Whether the Protective Commissioner or the proposed private manager, a financial adviser related to the plaintiff by marriage, should be appointed manager of the first defendant's estate." "Whether the proposed private manager's ability to earn fees from investments made through his management created a conflict of interest relevant to appointment." "Whether the father's objection to the proposed private manager and preference for the Protective Commissioner should affect the appointment."]

Ratio Decidendi

Although a family member or associated private manager may be appointed in appropriate cases and the investment and fee comparisons did not themselves determine the matter, the proposed manager's conflict as a financial adviser earning fees from investments, the likelihood of requests from the mother being treated less critically, and especially the father's strong objection and preference for the Protective Commissioner made appointment of the Protective Commissioner the course most consistent with the protected person's paramount interests.

Court Disposition

Protective Commissioner appointed as manager of the estate of the first defendant.

Orders

  • ['Declaration sought in paragraph 1 of the further amended summons made.' 'Order sought in paragraph 2 of the further amended summons made.' 'The estate of the first defendant is committed to the Protective Commissioner for management.' 'The costs of the plaintiff and the first defendant are to be paid out of the...