PB v BB [2013] NSWSC 1223

PB v BB [2013] NSWSC 1223

On the evidence, the defendant is incapable of managing his affairs due to acquired brain injury. It is in the interests of the defendant that his estate is managed by appointed persons in France, subject to ensured protective measures and oversight, facilitated by undertakings to comply with French law as well as continued accountability to this Court. Accordingly, the Court grants orders for declaration of incapacity, management under the NSW Trustee and Guardian Act, appointment of managers, and conditional authority for transfer of assets to France, subject to protective coordination by the NSW Trustee and Guardian.

Jurisdiction
Australia
Judgment Date
30 August 2013
Procedural Posture
Application Under Protective Jurisdiction / Principal Judgment
Outcome
Orders granted as sought, subject to conditions.
Legal Topics
['protected Person' 'financial Management' 'foreign National' "transfer of Protected Person's Estate to Foreign Jurisdiction" 'appointment of Manager' 'public Administrative Regime' 'nsw Trustee and Guardian Act 2009' 'inherent Jurisdiction']
['guardianship' 'equity' 'mental Health' 'practice and Procedure'] ['protected Person' 'financial Management' 'foreign National' "transfer of Protected Person's Estate to Foreign Jurisdiction" 'appointment of Manager' 'public Administrative Regime' 'nsw Trustee and Guardian Act 2009' 'inherent Jurisdiction']

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Procedural Posture

Application Under Protective Jurisdiction / Principal Judgment

Legal Issues

  1. 1 ['Whether defendant is incapable of managing his affairs under s 41 of the NSW Trustee and Guardian Act 2009' "Whether management of protected person's estate should be entrusted to managers in a foreign jurisdiction" 'Principles for transfer of protected estate outside NSW jurisdiction']

Ratio Decidendi

On the evidence, the defendant is incapable of managing his affairs due to acquired brain injury. It is in the interests of the defendant that his estate is managed by appointed persons in France, subject to ensured protective measures and oversight, facilitated by undertakings to comply with French law as well as continued accountability to this Court. Accordingly, the Court grants orders for declaration of incapacity, management under the NSW Trustee and Guardian Act, appointment of managers, and conditional authority for transfer of assets to France, subject to protective coordination by the NSW Trustee and Guardian.

Court Disposition

Orders granted as sought, subject to conditions.

Orders

  • ['Declare, pursuant to s 41(1)(a) of the NSW Trustee and Guardian Act 2009 NSW, defendant incapable of managing his affairs.' 'Order that estate of defendant be subject to management under the NSW Trustee and Guardian Act 2009.' 'Appointment of plaintiff, nominated French lawyer, and nominated French financial...