P9/2000 [2011] NSWSC 49

P9/2000 [2011] NSWSC 49

Although the first Respondent's failure to lodge accounts for four financial years provided an available basis for changing A's financial manager, there was no evidence that A's estate was in jeopardy, no suggested prejudice to the Applicant in allowing further time, and no submission that a further opportunity would be futile. Given the modest estate, the advantages of family management, and the absence of evidence that the first Respondent was otherwise unfit or conflicted, the Court gave her one final opportunity to lodge the outstanding accounts rather than removing her at this stage.

Jurisdiction
Australia
Judgment Date
08 February 2011
Procedural Posture
Application by Notice of Motion to Remove Financial Manager of Managed Person's Estate and Appoint NSW Trustee in Her Place / Hearing in Equity Division Protective List
Outcome
The first Respondent was not removed at this stage; she was given one final opportunity to lodge the outstanding accounts, and the proceedings were stood over.
Legal Topics
['removal of Financial Manager' "managed Person's Estate" 'lodging Accounts' 'best Interests of Managed Person' 'extension of Time']
['equity' 'protective Jurisdiction' 'guardianship and Financial Management'] ['removal of Financial Manager' "managed Person's Estate" 'lodging Accounts' 'best Interests of Managed Person' 'extension of Time']

Case Brief

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Procedural Posture

Application by Notice of Motion to Remove Financial Manager of Managed Person's Estate and Appoint NSW Trustee in Her Place / Hearing in Equity Division Protective List

Legal Issues

  1. 1 ["Whether the first Respondent should be removed as manager of A's estate and the NSW Trustee appointed in her place." 'Whether the first Respondent should be given further time to lodge outstanding accounts for the financial years ending 2007 to 2010.']

Ratio Decidendi

Although the first Respondent's failure to lodge accounts for four financial years provided an available basis for changing A's financial manager, there was no evidence that A's estate was in jeopardy, no suggested prejudice to the Applicant in allowing further time, and no submission that a further opportunity would be futile. Given the modest estate, the advantages of family management, and the absence of evidence that the first Respondent was otherwise unfit or conflicted, the Court gave her one final opportunity to lodge the outstanding accounts rather than removing her at this stage.

Court Disposition

The first Respondent was not removed at this stage; she was given one final opportunity to lodge the outstanding accounts, and the proceedings were stood over.

Orders

  • ["Order that the first Respondent lodge accounts for each of the financial years ending 2007 to 2010 inclusive in respect of A's estate on or before 29 March 2011." 'Stand the proceedings over to the Protective List on 4 April 2011.' 'A copy of the orders should be served on the first Respondent together with a copy...