Robinson v Randell [2016] NSWSC 1688
The evidence does not disclose that the current tutor has any interest adverse to the second Plaintiff or any conflict preventing her from acting as tutor. The applicant's assertions regarding conflicting interests related to discretionary trust status are insufficient and not supported by evidence. Application for removal is dismissed.
- Jurisdiction
- Australia
- Judgment Date
- 25 November 2016
- Procedural Posture
- Family Provision Proceedings / Application for Removal of Second Plaintiff's Tutor; Interlocutory Decision
- Outcome
- Application dismissed
- Legal Topics
- ['family Provision Order' 'tutor for Person Under Legal Incapacity' 'conflict of Interest' 'removal and Appointment of Tutor']
Case Brief
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Procedural Posture
Family Provision Proceedings / Application for Removal of Second Plaintiff's Tutor; Interlocutory Decision
Legal Issues
- 1 ['Whether the current tutor for the second Plaintiff has an interest in the proceedings adverse to that of the person under legal incapacity' 'Whether grounds exist for removal of the current tutor and appointment of a new tutor']
Ratio Decidendi
The evidence does not disclose that the current tutor has any interest adverse to the second Plaintiff or any conflict preventing her from acting as tutor. The applicant's assertions regarding conflicting interests related to discretionary trust status are insufficient and not supported by evidence. Application for removal is dismissed.
Court Disposition
Application dismissed
Orders
- ["Applicant's notice of motion dismissed" 'Applicant to pay costs of second Plaintiff and tutor' 'Applicant to pay costs of Defendants']
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