JS v Protective Commissioner & Anor Re Protected Estate of JS [2003] NSWSC 621

JS v Protective Commissioner & Anor Re Protected Estate of JS [2003] NSWSC 621

The Court was not satisfied that it was in J's interests to revoke the existing management order because no reasons were established for JS's loss of trust, the Protective Commissioner had at least as good a system as Perpetual for resolving disputes and conflict, both financial management plans appeared sound, and the possible benefit of lower Perpetual fees was not sufficient to justify a change of management.

Jurisdiction
Australia
Judgment Date
14 July 2003
Procedural Posture
Application Concerning Management of a Protected Estate / Amended Notice of Motion Seeking Removal of the Protective Commissioner as Manager and Appointment of Perpetual Trustee Company Limited
Outcome
Amended notice of motion dismissed.
Legal Topics
['management of Protected Estate' 'removal of Protective Commissioner' 'appointment of Trustee Company' 'best Interests of Protected Person' 'loss of Confidence in Manager' 'management Fees']
['mental Health' 'protected Estates' 'equity'] ['management of Protected Estate' 'removal of Protective Commissioner' 'appointment of Trustee Company' 'best Interests of Protected Person' 'loss of Confidence in Manager' 'management Fees']

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Procedural Posture

Application Concerning Management of a Protected Estate / Amended Notice of Motion Seeking Removal of the Protective Commissioner as Manager and Appointment of Perpetual Trustee Company Limited

Legal Issues

  1. 1 ["Whether the Protective Commissioner should be removed as manager of J's protected estate and Perpetual Trustee Company Limited appointed instead." "Whether JS's admitted loss of trust and faith in the Protective Commissioner was sufficient reason to revoke the existing management order." "Whether lower projected fees under Perpetual management justified a change of management in J's best interests." "Whether Perpetual's procedures for dealing with likely family conflict were superior to those of the Protective Commissioner."]

Ratio Decidendi

The Court was not satisfied that it was in J's interests to revoke the existing management order because no reasons were established for JS's loss of trust, the Protective Commissioner had at least as good a system as Perpetual for resolving disputes and conflict, both financial management plans appeared sound, and the possible benefit of lower Perpetual fees was not sufficient to justify a change of management.

Court Disposition

Amended notice of motion dismissed.

Orders

  • ['Amended notice of motion be dismissed.' 'Costs of all parties be paid out of the estate of J.']