Re W and L (Parameters of Protected Estate Management Orders) [2014] NSWSC 1106

Re W and L (Parameters of Protected Estate Management Orders) [2014] NSWSC 1106

Orders for appointment of a protected estate manager should not be made for W prior to determination of compensation proceedings, absent demonstrated present utility; for L, where all managed property has been spent and no utility remains in continuing management orders, revocation is justified notwithstanding...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
14 August 2014
Procedural Posture
Protective Estate Management / Revocation Application / Judgment on Applications
Outcome
Application for appointment of protected estate manager (W) adjourned; management orders (L) revoked despite continuing incapacity.
Legal Topics
['appointment of Protected Estate Manager' 'revocation of Management Orders' 'inherent Jurisdiction of Supreme Court' 'utility of Management Orders' 'welfare of Protected Persons']
['mental Health Law' 'equity / Protective Jurisdiction'] ['appointment of Protected Estate Manager' 'revocation of Management Orders' 'inherent Jurisdiction of Supreme Court' 'utility of Management Orders' 'welfare of Protected Persons']

Source-derived case record

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Procedural Posture

Protective Estate Management / Revocation Application / Judgment on Applications

Legal Issues

  1. 1 ['Whether a management order should be made in anticipation of compensation for W' 'Whether existing management orders for L should be revoked when no property remains though incapacity continues']

Ratio Decidendi

Orders for appointment of a protected estate manager should not be made for W prior to determination of compensation proceedings, absent demonstrated present utility; for L, where all managed property has been spent and no utility remains in continuing management orders, revocation is justified notwithstanding persistent incapacity, via the inherent power and s23 of the Supreme Court Act 1970 (NSW).

Court Disposition

Application for appointment of protected estate manager (W) adjourned; management orders (L) revoked despite continuing incapacity.

Orders

  • ['In the case of W: Summons adjourned and listed for directions on 16 March 2015; liberty to apply and costs reserved.' 'In the case of L: Declaration of incapacity dated 30 July 2003 revoked; management orders and appointment of manager revoked; mother discharged; directions for orderly winding-up; orders effective...