Angius v Salier [2019] NSWSC 1854

Angius v Salier [2019] NSWSC 1854

The NSW Trustee and Guardian does not have statutory power to act as tutor absent a financial management order or guardianship order; therefore its appointment as plaintiff's tutor for these proceedings must be revoked.

Jurisdiction
Australia
Judgment Date
13 December 2019
Procedural Posture
Civil / Interlocutory Application
Outcome
Order made revoking NSW Trustee and Guardian as plaintiff's tutor
Legal Topics
['protective Jurisdiction' 'administration of Estates' 'appointment of Tutor' 'revocation of Tutor Appointment']
['equity' 'civil Procedure'] ['protective Jurisdiction' 'administration of Estates' 'appointment of Tutor' 'revocation of Tutor Appointment']

Case Brief

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Procedural Posture

Civil / Interlocutory Application

Legal Issues

  1. 1 ["Whether the NSW Trustee and Guardian should be revoked as the plaintiff's tutor in the absence of a financial management order"]

Ratio Decidendi

The NSW Trustee and Guardian does not have statutory power to act as tutor absent a financial management order or guardianship order; therefore its appointment as plaintiff's tutor for these proceedings must be revoked.

Court Disposition

Order made revoking NSW Trustee and Guardian as plaintiff's tutor

Orders

  • ["The orders made by Parker J on 25 November 2019 appointing the NSW Trustee and Guardian as the plaintiff's tutor for these proceedings are revoked."]