Re D [2011] NSWSC 1140

Re D [2011] NSWSC 1140

It is in the best interests of the protected person that the financial management of his estate be vested in the NSW Trustee, given concerns regarding gifts given by D to J and D's mother and risks of dissipation of the estate, pending determination of D's foreshadowed application to discharge the management order.

Parties
Applicant: NSW Trustee & Guardian; 2nd Respondent: D; 3rd Respondent: J
Jurisdiction
Australia
Judgment Date
05 September 2011
Procedural Posture
Interlocutory Application / Application for Removal of Manager and Appointment of NSW Trustee
Outcome
Orders 1 to 6 of the notice of motion filed on 25 July 2011 made; management of the estate transferred to the NSW Trustee.
Legal Topics
Removal of Estate Manager, Best Interests of Protected Person, Management of Protected Estate, Gifts From Protected Estate
Protected Estates Equity Removal of Estate Manager Best Interests of Protected Person Management of Protected Estate Gifts From Protected Estate

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Parties

NSW Trustee & Guardian

Applicant

D

2nd Respondent

J

3rd Respondent

Procedural Posture

Interlocutory Application / Application for Removal of Manager and Appointment of NSW Trustee

Legal Issues

  1. 1 Whether it is in the best interests of the protected person (D) that the management of his estate be transferred from the current manager (J) to the NSW Trustee
  2. 2 Whether the manager of the estate has properly fulfilled obligations, particularly regarding acceptance of gifts from the protected person

Ratio Decidendi

It is in the best interests of the protected person that the financial management of his estate be vested in the NSW Trustee, given concerns regarding gifts given by D to J and D's mother and risks of dissipation of the estate, pending determination of D's foreshadowed application to discharge the management order.

Court Disposition

Orders 1 to 6 of the notice of motion filed on 25 July 2011 made; management of the estate transferred to the NSW Trustee.

Orders

  • Removal of J as manager of D's estate
  • Management of the estate vested in the NSW Trustee