W v B [2001] NSWSC 503

W v B [2001] NSWSC 503

On the material before the Court, there was no alternative but to sell the Dee Why unit because continued residence would drain the protected person's resources and the plaintiff had not provided the independent evidence previously requested. The summons should be dismissed because the claims for removal or revocation of financial management were incomprehensible or unsupported, there appeared to be no current financial management order to discharge, the Protective Commissioner had made no determination under Part 76(27) and had not improperly declined to do so, the evidence did not justify disturbing any management arrangement, and there was insufficient material to order payment for...

Jurisdiction
Australia
Judgment Date
07 June 2001
Procedural Posture
Protective List Summons Concerning Management of a Protected Person's Estate / Judgment After Referral Back From the Court of Appeal; Matter Stood Over for Protective Orders and Final Disposal of the Summons
Outcome
The Court stated that the summons should be dismissed, but stood the matter over until the next day to make protective orders concerning accommodation and access pending the Guardianship Tribunal hearing on 28 June 2001.
Legal Topics
['management of Property' 'role of Protective Commissioner' 'private Manager' 'supreme Court Parens Patriae Jurisdiction' 'accommodation and Access Arrangements for Protected Person']
['mental Health' 'protected Estates' 'equity'] ['management of Property' 'role of Protective Commissioner' 'private Manager' 'supreme Court Parens Patriae Jurisdiction' 'accommodation and Access Arrangements for Protected Person']

Case Brief

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Procedural Posture

Protective List Summons Concerning Management of a Protected Person's Estate / Judgment After Referral Back From the Court of Appeal; Matter Stood Over for Protective Orders and Final Disposal of the Summons

Legal Issues

  1. 1 ["Whether the first defendant should be removed as financial manager of the protected person's estate." 'Whether financial management by the Protective Commissioner should be revoked.' 'Whether payment should be ordered to the plaintiff for alleged overdue or withheld living allowance or care monies.' 'Whether the plaintiff should be made solely responsible for financial management and remain sole carer.' 'Whether damages should be awarded for alleged home invasion.' "Whether the protected person's Dee Why unit should be sold or retained, and where she should live pending the Guardianship Tribunal hearing."]

Ratio Decidendi

On the material before the Court, there was no alternative but to sell the Dee Why unit because continued residence would drain the protected person's resources and the plaintiff had not provided the independent evidence previously requested. The summons should be dismissed because the claims for removal or revocation of financial management were incomprehensible or unsupported, there appeared to be no current financial management order to discharge, the Protective Commissioner had made no determination under Part 76(27) and had not improperly declined to do so, the evidence did not justify disturbing any management arrangement, and there was insufficient material to order payment for...

Court Disposition

The Court stated that the summons should be dismissed, but stood the matter over until the next day to make protective orders concerning accommodation and access pending the Guardianship Tribunal hearing on 28 June 2001.

Orders

  • ["The matter was stood over until 8 June 2001 for appropriate orders, including possible injunctions, concerning the protected person's accommodation and access by her daughters up to 28 June 2001." "On 8 June 2001, Young CJ in Eq accepted undertakings from both parties aimed at preserving the protected person's...