JMK v RDC and PTO v WDO [2013] NSWSC 1362

JMK v RDC and PTO v WDO [2013] NSWSC 1362

Given ongoing proceedings concerning the regulation and terms upon which Ability One may be appointed as manager of protected estates, and to ensure proper protection and oversight, the court makes declarations of incapacity and subjects each defendant's estate to management, defers decision on the private manager appointment, and in the interim appoints the NSW Trustee and Guardian as receiver and manager, with associated orders for safeguarding estate assets and paying costs.

Parties
Plaintiff: JMK; Defendant: RDC; Plaintiff: PTO; Defendant: WDO; Proposed Manager: Ability One Financial Management Pty Limited; Statutory Manager / Amicus: NSW Trustee and Guardian
Jurisdiction
Australia
Judgment Date
19 September 2013
Procedural Posture
Application for Orders Regarding Management of Protected Estate / Interlocutory Orders; Applications for Appointment of Private Manager Reserved
Outcome
Declarations made and interim orders granted; applications for private manager reserved for further consideration.
Legal Topics
Protected Estates, Appointment of Estate Manager, Receivership, Fiduciary Duties, Remuneration of Managers, Regulatory Regime for Estate Management, Protective Jurisdiction
Equity Guardianship Mental Health Civil Procedure Protected Estates Appointment of Estate Manager Receivership Fiduciary Duties +3 more

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Parties

JMK

Plaintiff

RDC

Defendant

PTO

Plaintiff

WDO

Defendant

Ability One Financial Management Pty Limited

Proposed Manager

NSW Trustee and Guardian

Statutory Manager / Amicus

Procedural Posture

Application for Orders Regarding Management of Protected Estate / Interlocutory Orders; Applications for Appointment of Private Manager Reserved

Legal Issues

  1. 1 Whether the defendant is incapable of managing his affairs under s 41(1)(a) of the NSW Trustee and Guardian Act 2009
  2. 2 Whether to appoint Ability One Financial Management Pty Limited as private manager pursuant to s 41(1)(b)
  3. 3 Whether interim orders should be made appointing the NSW Trustee and Guardian as receiver and manager

Ratio Decidendi

Given ongoing proceedings concerning the regulation and terms upon which Ability One may be appointed as manager of protected estates, and to ensure proper protection and oversight, the court makes declarations of incapacity and subjects each defendant's estate to management, defers decision on the private manager appointment, and in the interim appoints the NSW Trustee and Guardian as receiver and manager, with associated orders for safeguarding estate assets and paying costs.

Court Disposition

Declarations made and interim orders granted; applications for private manager reserved for further consideration.

Orders

  • Declaration that each defendant is incapable of managing his affairs under s 41(1)(a) of the NSW Trustee and Guardian Act 2009.
  • Order placing the defendant's estate under management under the Act.