MKH v JBH (No 2) [2016] NSWSC 1103

MKH v JBH (No 2) [2016] NSWSC 1103

Application for appointment of a protected estate manager is adjourned until after compensation monies are paid into court in accordance with section 77 of the Civil Procedure Act 2005 (NSW) and the NSW Trustee provides its report regarding the proposed manager and plan of management; formal orders for appointment are premature in the absence of these procedural steps.

Jurisdiction
Australia
Judgment Date
11 August 2016
Procedural Posture
Application for Appointment of Protected Estate Manager / Adjournment of Application Pending Payment Into Court and Further Report
Outcome
Application for appointment of protected estate manager adjourned, directions made for payment into court and NSW Trustee report, with liberty to apply reserved.
Legal Topics
['protected Estates' 'appointment of Estate Manager' 'personal Injury Compensation' 'procedural Directions']
['equity' 'mental Health'] ['protected Estates' 'appointment of Estate Manager' 'personal Injury Compensation' 'procedural Directions']

Case Brief

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Procedural Posture

Application for Appointment of Protected Estate Manager / Adjournment of Application Pending Payment Into Court and Further Report

Legal Issues

  1. 1 ['Whether to make orders appointing a protected estate manager before payment of personal injury compensation into court and preparation of NSW Trustee report' 'Whether interim orders (e.g., for protected estate receiver) are required pending payment into court' 'Compliance with sections 76 and 77 of the Civil Procedure Act 2005 NSW for payment of judgment sum into court']

Ratio Decidendi

Application for appointment of a protected estate manager is adjourned until after compensation monies are paid into court in accordance with section 77 of the Civil Procedure Act 2005 (NSW) and the NSW Trustee provides its report regarding the proposed manager and plan of management; formal orders for appointment are premature in the absence of these procedural steps.

Court Disposition

Application for appointment of protected estate manager adjourned, directions made for payment into court and NSW Trustee report, with liberty to apply reserved.

Orders

  • ["The proceedings be referred to chambers for further consideration when monies are paid into court and a further report is received from the NSW Trustee regarding the plan of management for the defendant's estate." 'Liberty to apply generally is reserved to the parties, judgment debtor, insurer, and NSW Trustee.']