Re Managed Estates Remuneration Orders [2014] NSWSC 383

Re Managed Estates Remuneration Orders [2014] NSWSC 383

Orders are made under s 64 of the NSW Trustee and Guardian Act 2009 NSW authorising the NSW Trustee and Guardian, in a limited range of cases and where previously authorised, to allow remuneration to a private manager of a managed estate out of that estate, subject to Court and Tribunal oversight and review, and only where just and reasonable.

Jurisdiction
Australia
Judgment Date
02 April 2014
Procedural Posture
Remuneration Authorisation Application / Judgment and Orders
Outcome
Orders made
Legal Topics
['remuneration of Private Managers' 'practice and Procedure' 'protected Estates Management']
['equity' 'trusts and Estates'] ['remuneration of Private Managers' 'practice and Procedure' 'protected Estates Management']

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Procedural Posture

Remuneration Authorisation Application / Judgment and Orders

Legal Issues

  1. 1 ['Whether a private manager of a protected or managed estate is entitled to remuneration and in what amount' 'The statutory and court framework for allowing remuneration to private managers from managed estates']

Ratio Decidendi

Orders are made under s 64 of the NSW Trustee and Guardian Act 2009 NSW authorising the NSW Trustee and Guardian, in a limited range of cases and where previously authorised, to allow remuneration to a private manager of a managed estate out of that estate, subject to Court and Tribunal oversight and review, and only where just and reasonable.

Court Disposition

Orders made

Orders

  • ['Orders made under s 64 of the NSW Trustee and Guardian Act 2009 NSW authorising the NSW Trustee and Guardian to allow just and reasonable remuneration to a private manager of the estate of a protected person, in certain circumstances, as set out in Orders 1-5 of the judgment.' 'NSW Trustee and Guardian must...