Application by AMAM; Re SAM [2011] NSWSC 503

Application by AMAM; Re SAM [2011] NSWSC 503

The current manager, MWM, has been delinquent in lodging accounts and no longer resides within the jurisdiction. AMAM demonstrated suitability as manager, family support, and willingness to comply with statutory requirements. Removal of MWM and appointment of AMAM serve SAM's best interests.

Jurisdiction
Australia
Judgment Date
20 May 2011
Procedural Posture
Application by Notice of Motion / Decision
Outcome
Orders made removing MWM as manager and appointing AMAM; costs to be paid from SAM's estate.
Legal Topics
["removal of Manager of Protected Person's Estate" 'appointment of Financial Manager' 'costs']
['equity' 'probate'] ["removal of Manager of Protected Person's Estate" 'appointment of Financial Manager' 'costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application by Notice of Motion / Decision

Legal Issues

  1. 1 ["Should the current financial manager of SAM's estate be removed and replaced by AMAM?" "Is AMAM a suitable person to be appointed as manager of SAM's estate?"]

Ratio Decidendi

The current manager, MWM, has been delinquent in lodging accounts and no longer resides within the jurisdiction. AMAM demonstrated suitability as manager, family support, and willingness to comply with statutory requirements. Removal of MWM and appointment of AMAM serve SAM's best interests.

Court Disposition

Orders made removing MWM as manager and appointing AMAM; costs to be paid from SAM's estate.

Orders

  • ['Order prohibiting publication or disclosure of identifying details of the managed person.' "MWM discharged from office of manager of SAM's estate." "AMAM appointed manager of SAM's estate, subject to security to the satisfaction of NSW Trustee and Guardian." "Costs of the applicant in relation to the notice of...