Iskandar v Mahbur & Ors [2015] NSWSC 82

Iskandar v Mahbur & Ors [2015] NSWSC 82

The Court revoked the financial management and tutor orders in respect of the third defendant, not on the basis of restored capacity, but because the orders have no ongoing practical utility and this is permitted under the inherent and plenary protective jurisdiction recognised by SCA ss 22 and 23 and precedent, considering the principles in s 39 of the Act.

Jurisdiction
Australia
Judgment Date
12 February 2015
Procedural Posture
Motion / Interlocutory Decision Revoking Prior Financial Management Orders
Outcome
Orders for revocation of financial management and removal of tutor granted as sought by NSW Trustee; leave to file Notice of Ceasing to Act; no order as to costs.
Legal Topics
['revocation of Financial Management Orders' 'protected Persons' "court's Inherent Jurisdiction" 'nsw Trustee and Guardian Act']
['equity' 'guardianship and Protective Jurisdiction'] ['revocation of Financial Management Orders' 'protected Persons' "court's Inherent Jurisdiction" 'nsw Trustee and Guardian Act']

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Procedural Posture

Motion / Interlocutory Decision Revoking Prior Financial Management Orders

Legal Issues

  1. 1 ['Whether financial management and protective orders made in 2012 should be revoked in respect of the third defendant' 'Whether the Court is satisfied the third defendant is capable of managing his own affairs' 'Whether the revocation is within the inherent jurisdiction and protective powers of the Court, absent a finding of capacity']

Ratio Decidendi

The Court revoked the financial management and tutor orders in respect of the third defendant, not on the basis of restored capacity, but because the orders have no ongoing practical utility and this is permitted under the inherent and plenary protective jurisdiction recognised by SCA ss 22 and 23 and precedent, considering the principles in s 39 of the Act.

Court Disposition

Orders for revocation of financial management and removal of tutor granted as sought by NSW Trustee; leave to file Notice of Ceasing to Act; no order as to costs.

Orders

  • ['Declaration made on 15 February 2012 that third defendant is incapable of managing affairs revoked.' 'Order made on 15 February 2012 that such part of the estate as constituted by actual or contingent assets or liabilities in these proceedings is subject to management under the NSW Trustee and Guardian Act...