BPK [2016] NSWCATGD 69

BPK [2016] NSWCATGD 69

It would not be in Mrs BPK's best interests for the financial management order to be revoked or for Mr JAS, an undischarged bankrupt, to be appointed financial manager due to statutory and practical restrictions; the NSW Trustee and Guardian remains the appropriate financial manager. The financial management order is varied only by requiring review within 24 months.

Parties
Person Under Financial Management: Mrs BPK; Applicant: Mr JAS; Financial Manager: NSW Trustee and Guardian
Jurisdiction
Australia
Judgment Date
28 April 2016
Procedural Posture
Application to Review or Revoke Financial Management Order / Hearing and Decision
Outcome
Financial management order not revoked; NSW Trustee and Guardian confirmed as financial manager; order varied to require review within 24 months.
Legal Topics
Review of Financial Management Order, Appointment of Financial Manager, Undischarged Bankrupt Suitability, Best Interests
Guardianship Bankruptcy Financial Management Review of Financial Management Order Appointment of Financial Manager Undischarged Bankrupt Suitability Best Interests

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Parties

Mrs BPK

Person Under Financial Management

Mr JAS

Applicant

NSW Trustee and Guardian

Financial Manager

Procedural Posture

Application to Review or Revoke Financial Management Order / Hearing and Decision

Legal Issues

  1. 1 Whether it is in Mrs BPK's best interests to revoke the existing financial management order
  2. 2 Whether Mr JAS is a suitable person for appointment as financial manager given his status as an undischarged bankrupt

Ratio Decidendi

It would not be in Mrs BPK's best interests for the financial management order to be revoked or for Mr JAS, an undischarged bankrupt, to be appointed financial manager due to statutory and practical restrictions; the NSW Trustee and Guardian remains the appropriate financial manager. The financial management order is varied only by requiring review within 24 months.

Court Disposition

Financial management order not revoked; NSW Trustee and Guardian confirmed as financial manager; order varied to require review within 24 months.

Orders

  • The financial management order made by the Tribunal on 12 January 2015 in relation to Mrs BPK is varied as follows: (a) The order is to be reviewed within 24 months.