Maria Coppola v New South Wales Trustee and Guardian as Administrator of the Estate of the Late Giuseppina Buda [2018] NSWSC 1146

Maria Coppola v New South Wales Trustee and Guardian as Administrator of the Estate of the Late Giuseppina Buda [2018] NSWSC 1146

The presence of a conflict for Vanessa Coppola as Carmelo Buda's financial manager, combined with Carmelo's continued incapacity, justified her removal and the appointment of NSW Trustee and Guardian as estate manager under the NSW Trustee and Guardian Act 2009 (NSW).

Jurisdiction
Australia
Judgment Date
24 July 2018
Procedural Posture
Equity / Procedural and Other Rulings
Outcome
Orders for removal of Vanessa Coppola as financial manager and appointment of NSW Trustee and Guardian as manager for Carmelo Buda's estate. Declaration that Carmelo Buda remains incapable. No order as to costs of the motion. Matter referred for directions to fix hearing date.
Legal Topics
['protected Person' 'financial Management' 'change of Manager' 'discharge of Private Manager' 'appointment of Manager' 'appointment of NSW Trustee and Guardian']
['guardianship' 'mental Health' 'equity'] ['protected Person' 'financial Management' 'change of Manager' 'discharge of Private Manager' 'appointment of Manager' 'appointment of NSW Trustee and Guardian']

Case Brief

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Procedural Posture

Equity / Procedural and Other Rulings

Legal Issues

  1. 1 ["Whether Vanessa Coppola should be removed as financial manager of Carmelo Buda's estate and NSW Trustee and Guardian appointed in her stead" 'Whether Carmelo Buda remains incapable of managing his affairs']

Ratio Decidendi

The presence of a conflict for Vanessa Coppola as Carmelo Buda's financial manager, combined with Carmelo's continued incapacity, justified her removal and the appointment of NSW Trustee and Guardian as estate manager under the NSW Trustee and Guardian Act 2009 (NSW).

Court Disposition

Orders for removal of Vanessa Coppola as financial manager and appointment of NSW Trustee and Guardian as manager for Carmelo Buda's estate. Declaration that Carmelo Buda remains incapable. No order as to costs of the motion. Matter referred for directions to fix hearing date.

Orders

  • ['Declaration pursuant to s 41(1)(a) of the NSW Trustee and Guardian Act 2009 (NSW) that Carmelo Buda remains incapable of managing his affairs.' 'Order that the estate of Carmelo Buda remain subject to management under the NSW Trustee and Guardian Act 2009.' 'Order, pursuant to s 41 of the NSW Trustee and Guardian...