LVB [2015] NSWCATGD 56

LVB [2015] NSWCATGD 56

Because the question of Mr LVB's capability to manage his own affairs remained open and required further consideration, including after proposed neuropsychiatric assessment, but there were serious potential risks in his immediate proposed transfer of essentially his life savings to another person's account overseas without established residency rights or prudential safeguards, the Tribunal made an interim financial management order for four months to preserve his financial position while accommodating procedural fairness concerns arising from very short notice. Mr BCG was suitable to be appointed as interim financial manager, subject to the authorities and directions of the NSW Trustee...

Jurisdiction
Australia
Judgment Date
17 November 2015
Procedural Posture
Application for a Financial Management Order in the Guardianship Division / Urgent Hearing; Interim Financial Management Order Made Pending Further Consideration
Outcome
Interim financial management order made for four months; estate committed to management; Mr BCG appointed as financial manager; proceedings otherwise adjourned to a date to be fixed.
Legal Topics
['interim Financial Management Order' 'capability to Manage Affairs' 'procedural Fairness' 'protection of Estate' 'appointment of Private Financial Manager']
['guardianship and Financial Management' 'administrative Law'] ['interim Financial Management Order' 'capability to Manage Affairs' 'procedural Fairness' 'protection of Estate' 'appointment of Private Financial Manager']

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Procedural Posture

Application for a Financial Management Order in the Guardianship Division / Urgent Hearing; Interim Financial Management Order Made Pending Further Consideration

Legal Issues

  1. 1 ['Whether Mr LVB was incapable of managing his own affairs.' "Whether there was a need for another person to manage Mr LVB's affairs and whether it was in his best interests for a financial management order to be made." 'Whether an interim financial management order should be made given the urgent circumstances and short notice to Mr LVB.' 'Who should be appointed as financial manager under any interim financial management order.']

Ratio Decidendi

Because the question of Mr LVB's capability to manage his own affairs remained open and required further consideration, including after proposed neuropsychiatric assessment, but there were serious potential risks in his immediate proposed transfer of essentially his life savings to another person's account overseas without established residency rights or prudential safeguards, the Tribunal made an interim financial management order for four months to preserve his financial position while accommodating procedural fairness concerns arising from very short notice. Mr BCG was suitable to be appointed as interim financial manager, subject to the authorities and directions of the NSW Trustee...

Court Disposition

Interim financial management order made for four months; estate committed to management; Mr BCG appointed as financial manager; proceedings otherwise adjourned to a date to be fixed.

Orders

  • ["Mr LVB's estate was committed to management under the NSW Trustee and Guardian Act 2009 (NSW)." "Mr BCG was appointed as financial manager of Mr LVB's estate." 'The interim financial management order was made for a period of four months.' 'The proceedings were otherwise adjourned to a date to be fixed.']