CD & Anor & EF & Anor (No. 2) [2019] NSWSC 337

CD & Anor & EF & Anor (No. 2) [2019] NSWSC 337

The Court ordered that, pending completion of NSW TAG’s investigation of the first defendant’s administration of the second defendant's Power of Attorney, NSW TAG continues as manager of the estate with the second plaintiff responsible for day-to-day expenditure. Both plaintiffs’ and first defendant’s costs, excluding 15% attributed to investigation issues, are to be paid from the estate with priority for the second defendant’s welfare. The Court will reconsider appointment of the second plaintiff as manager upon completion of the investigation and has reserved costs relating to the investigation for future determination.

Jurisdiction
Australia
Judgment Date
01 April 2019
Procedural Posture
Protective List Proceedings – Equity / Post Judgment – Costs and Future Management Orders
Outcome
NSW TAG continues as estate manager pending conclusion of investigation; Second plaintiff (GH) to manage day-to-day expenditure under supervision; 85% of plaintiffs' and first defendant's costs payable from estate, 15% excluded and reserved pending outcome of investigation; orders regarding cooperation and future...
Legal Topics
['protected Persons' 'management of Estates' 'costs Orders' 'power of Attorney' 'appointment of Financial Manager']
['equity' 'protective Jurisdiction'] ['protected Persons' 'management of Estates' 'costs Orders' 'power of Attorney' 'appointment of Financial Manager']

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Procedural Posture

Protective List Proceedings – Equity / Post Judgment – Costs and Future Management Orders

Legal Issues

  1. 1 ["What structure is appropriate for management of the second defendant's estate during ongoing investigation?" 'What costs orders are appropriate, including allocation for excluded costs linked to investigation of attorney’s administration?' 'Who should ultimately be appointed as financial manager, and under what conditions?']

Ratio Decidendi

The Court ordered that, pending completion of NSW TAG’s investigation of the first defendant’s administration of the second defendant's Power of Attorney, NSW TAG continues as manager of the estate with the second plaintiff responsible for day-to-day expenditure. Both plaintiffs’ and first defendant’s costs, excluding 15% attributed to investigation issues, are to be paid from the estate with priority for the second defendant’s welfare. The Court will reconsider appointment of the second plaintiff as manager upon completion of the investigation and has reserved costs relating to the investigation for future determination.

Court Disposition

NSW TAG continues as estate manager pending conclusion of investigation; Second plaintiff (GH) to manage day-to-day expenditure under supervision; 85% of plaintiffs' and first defendant's costs payable from estate, 15% excluded and reserved pending outcome of investigation; orders regarding cooperation and future...

Orders

  • ['NSW Trustee and Guardian appointed as financial manager of AB’s estate under s 41(1)(b) NSW Trustee and Guardian Act 2009.' 'Second Plaintiff to provide annual budget by 26 April 2019 to Trustee for AB’s living expenses.' 'Trustee to provide Second Plaintiff with periodic access to funds (at least quarterly) for...