JP v CP [2013] NSWSC 273

JP v CP [2013] NSWSC 273

The court refused to make a declaration in the form sought, as s 41 of the NSW Trustee and Guardian Act 2009 only permits declarations and orders as specified. The court set forth procedural options: application under s 41 with suitable orders, or alternatively settlement and trust under s 16 Infants' Custody and Settlements Act 1899. Further direction from the plaintiff is required.

Parties
Plaintiff: JP; Defendant: CP
Jurisdiction
Australia
Judgment Date
28 March 2013
Procedural Posture
Application for Appointment of Financial Manager and Declaration of Incapacity / In Chambers Decision
Outcome
Plaintiff's solicitor to advise Associate as to how the plaintiff wishes to proceed; no substantive orders made at this stage.
Legal Topics
Appointment of Financial Manager, Declaration of Incapacity Under S 41 NSW Trustee and Guardian Act 2009, Settlement for Benefit of Minor Under S 16 Infants' Custody and Settlements Act 1899, Trustee Powers of Investment
Guardianship Equity Appointment of Financial Manager Declaration of Incapacity Under S 41 NSW Trustee and Guardian Act 2009 Settlement for Benefit of Minor Under S 16 Infants' Custody and Settlements Act 1899 Trustee Powers of Investment

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Parties

JP

Plaintiff

CP

Defendant

Procedural Posture

Application for Appointment of Financial Manager and Declaration of Incapacity / In Chambers Decision

Legal Issues

  1. 1 Whether to appoint a financial manager for the defendant under s 41 of the NSW Trustee and Guardian Act 2009
  2. 2 Whether to declare the defendant incapable of managing his own affairs until majority
  3. 3 Whether to appoint a trustee of settlement for the benefit of the minor under s 16 of the Infants' Custody and Settlements Act 1899

Ratio Decidendi

The court refused to make a declaration in the form sought, as s 41 of the NSW Trustee and Guardian Act 2009 only permits declarations and orders as specified. The court set forth procedural options: application under s 41 with suitable orders, or alternatively settlement and trust under s 16 Infants' Custody and Settlements Act 1899. Further direction from the plaintiff is required.

Court Disposition

Plaintiff's solicitor to advise Associate as to how the plaintiff wishes to proceed; no substantive orders made at this stage.