FG v MG [2007] NSWSC 504

FG v MG [2007] NSWSC 504

A trustee company may be appointed manager of a protected estate, but it is inappropriate to create a trust deed with general beneficiaries as it conflicts with the managerial role under the Protected Estates Act 1983, which requires that the property remains solely for the benefit of the protected person and any appointment must reflect proper management lines.

Jurisdiction
Australia
Judgment Date
14 May 2007
Procedural Posture
Application Under Protective Estates Act 1983 / Adjourned to Be Put Into Order
Outcome
Proceedings adjourned for further order if trustee company and plaintiff agree to proper management
Legal Topics
['protected Estates' 'appointment of Trustee Company as Manager' 'trust Deed Appropriateness Under Protected Estates Act 1983']
['mental Health' 'equity'] ['protected Estates' 'appointment of Trustee Company as Manager' 'trust Deed Appropriateness Under Protected Estates Act 1983']

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Procedural Posture

Application Under Protective Estates Act 1983 / Adjourned to Be Put Into Order

Legal Issues

  1. 1 ['Whether a Trustee Company may declare a special trust of managed estate assets' 'Appropriateness of proposed trust deed for estate managed pursuant to Protected Estates Act 1983' 'Difference between trust estates and managed estates under Protective Estates Act 1983']

Ratio Decidendi

A trustee company may be appointed manager of a protected estate, but it is inappropriate to create a trust deed with general beneficiaries as it conflicts with the managerial role under the Protected Estates Act 1983, which requires that the property remains solely for the benefit of the protected person and any appointment must reflect proper management lines.

Court Disposition

Proceedings adjourned for further order if trustee company and plaintiff agree to proper management

Orders

  • ['Matter stood over; appointment of trustee company as manager withheld pending satisfaction of proper management conditions']