LBJ [2016] NSWCATGD 39

LBJ [2016] NSWCATGD 39

Miss LBJ is incapable of managing her affairs as she is under 18 and also due to factual incapacity. It is in her best interests for a financial management order to be made to safeguard her assets, including her interest in residential property. Due to concerns about financial probity and lack of transparency in prior dealings by Ms MPD, the NSW Trustee and Guardian should be appointed as financial manager rather than Ms MPD.

Jurisdiction
Australia
Judgment Date
14 September 2016
Procedural Posture
Financial Management Application / Decision at First Instance
Outcome
Financial management order granted. NSW Trustee and Guardian appointed as financial manager.
Legal Topics
['appointment of Financial Manager' 'legal Incapacity of Minors' 'duties of Financial Managers' 'jurisdiction Over Property' 'best Interests of Protected Persons']
['guardianship Law' 'financial Management'] ['appointment of Financial Manager' 'legal Incapacity of Minors' 'duties of Financial Managers' 'jurisdiction Over Property' 'best Interests of Protected Persons']

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Procedural Posture

Financial Management Application / Decision at First Instance

Legal Issues

  1. 1 ['Is Miss LBJ incapable of managing her affairs?' "Is there a need for another person to manage Miss LBJ's affairs and is it in her best interests for a financial management order to be made?" 'Who should be appointed financial manager?']

Ratio Decidendi

Miss LBJ is incapable of managing her affairs as she is under 18 and also due to factual incapacity. It is in her best interests for a financial management order to be made to safeguard her assets, including her interest in residential property. Due to concerns about financial probity and lack of transparency in prior dealings by Ms MPD, the NSW Trustee and Guardian should be appointed as financial manager rather than Ms MPD.

Court Disposition

Financial management order granted. NSW Trustee and Guardian appointed as financial manager.

Orders

  • ['The estate of Miss LBJ is subject to management under the NSW Trustee and Guardian Act 2009.' 'The management of the estate of Miss LBJ is committed to the NSW Trustee and Guardian.' 'This order be reviewed by the Tribunal within 26 months.']