Susan Elizabeth Parker v Margaret Catherine Higgins & Ors [2012] NSWSC 1516

Susan Elizabeth Parker v Margaret Catherine Higgins & Ors [2012] NSWSC 1516

The Court found that attorneys under the subject enduring powers of attorney, being appointed jointly and severally, are not required by law or statute to keep or furnish accounts to the standard required of trustees. The obligations are limited to keeping sufficient records to account to the principal, not trustee standard accounts. There was no indication of maladministration by the attorney or support for relief from the principals. Exercise of the Court's discretion to review, and to order the provision of detailed accounts, was not warranted, particularly as the principals opposed it, and documents provided met the applicable standard.

Jurisdiction
Australia
Judgment Date
30 October 2012
Procedural Posture
Application for Review Under Powers of Attorney Act 2003 (nsw) / Final Hearing and Judgment
Outcome
Summons dismissed.
Legal Topics
['powers of Attorney' 'fiduciary Duties' 'account Keeping Standards' 'review of Powers of Attorney']
['equity' 'agency' 'elder Law'] ['powers of Attorney' 'fiduciary Duties' 'account Keeping Standards' 'review of Powers of Attorney']

Case Brief

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Procedural Posture

Application for Review Under Powers of Attorney Act 2003 (nsw) / Final Hearing and Judgment

Legal Issues

  1. 1 ['Whether attorney under a power of attorney is required to keep accounts to the trustee standard' 'Whether the Supreme Court should review the operation and effect of enduring powers of attorney under s 36(4) Powers of Attorney Act 2003 (NSW)' 'Who should bear the costs of account preparation if ordered' "Extent of co-attorneys' obligations to account and cooperate"]

Ratio Decidendi

The Court found that attorneys under the subject enduring powers of attorney, being appointed jointly and severally, are not required by law or statute to keep or furnish accounts to the standard required of trustees. The obligations are limited to keeping sufficient records to account to the principal, not trustee standard accounts. There was no indication of maladministration by the attorney or support for relief from the principals. Exercise of the Court's discretion to review, and to order the provision of detailed accounts, was not warranted, particularly as the principals opposed it, and documents provided met the applicable standard.

Court Disposition

Summons dismissed.

Orders

  • ['The Summons is dismissed.' 'Directions made for the filing and serving of written submissions on the issue of costs (limited to 4 pages, with timetable for submissions and reply).' 'Matter listed for hearing on costs.']