Re Gell [2005] NSWSC 566

Re Gell [2005] NSWSC 566

The Court was satisfied on the evidence that the statutory requirements in s 21C(1) and (2) Protected Estates Act 1983 (NSW) were met: the respondent was a missing person, usually resident in NSW, and it was in his best interests that a manager, the applicant, be appointed to his estate. Therefore, a declaration and orders were made appointing the applicant as manager of the estate of the missing person.

Parties
Applicant: Louise Elizabeth Gell; Respondent: Michael Christopher Gell
Jurisdiction
Australia
Judgment Date
16 June 2005
Procedural Posture
Application for Appointment of Manager of Estate of Missing Person / Application in Chambers, Reasons for Judgment Delivered After Orders Made
Outcome
Declaration and appointment of manager made.
Legal Topics
Protected Estates Act 1983 (nsw), Appointment of Manager, Estate of Missing Person, Procedural Requirements, Best Interests, Missing Person Definition
Equity Property Family Law Receivers and Managers Protected Estates Act 1983 (nsw) Appointment of Manager Estate of Missing Person Procedural Requirements +2 more

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Parties

Louise Elizabeth Gell

Applicant

Michael Christopher Gell

Respondent

Procedural Posture

Application for Appointment of Manager of Estate of Missing Person / Application in Chambers, Reasons for Judgment Delivered After Orders Made

Legal Issues

  1. 1 Whether the requirements for appointment of manager of the estate of a missing person under Protected Estates Act 1983 (NSW), s 21C, are met
  2. 2 What evidence is required to establish missing person status and support appointment of manager
  3. 3 What procedural aspects and forms are necessary for a valid application

Ratio Decidendi

The Court was satisfied on the evidence that the statutory requirements in s 21C(1) and (2) Protected Estates Act 1983 (NSW) were met: the respondent was a missing person, usually resident in NSW, and it was in his best interests that a manager, the applicant, be appointed to his estate. Therefore, a declaration and orders were made appointing the applicant as manager of the estate of the missing person.

Court Disposition

Declaration and appointment of manager made.

Orders

  • Declaration that the respondent is a missing person under s 21C Protected Estates Act 1983 (NSW).
  • Order appointing the applicant as manager of the estate of the respondent, with consequential orders.