Re PQR and the Protected Estates Act 1983 [2005] NSWSC 729

Re PQR and the Protected Estates Act 1983 [2005] NSWSC 729

The ACT Tribunal orders appointing managers for PQR's estate were entitled to full faith and credit and were fundamentally inconsistent with the earlier NSW order appointing the Protective Commissioner. The ACT orders therefore superseded the NSW order, leaving it as an empty shell and potential source of confusion. The Court had power under section 34(1)(a) of the Protected Estates Act 1983, or alternatively inherent power over its own orders, to revoke the NSW management order and to indicate that the Protective Commissioner would be justified in transferring PQR's assets to the ACT-appointed managers.

Jurisdiction
Australia
Judgment Date
21 July 2005
Procedural Posture
Application Concerning Management of the Estate of a Protected Person Under the Protected Estates Act 1983 / Final Judgment and Orders
Outcome
New South Wales management order revoked. Protective Commissioner advised he would be justified in paying assets in his hands to managers appointed by ACT tribunal.
Legal Topics
['revocation of Management Order' 'protected Person Residing in the Australian Capital Territory' 'inconsistent NSW Court and ACT Tribunal Orders' 'full Faith and Credit' 'transfer of Assets Held by Protective Commissioner']
['mental Health' 'protective Estates' 'conflict of Laws'] ['revocation of Management Order' 'protected Person Residing in the Australian Capital Territory' 'inconsistent NSW Court and ACT Tribunal Orders' 'full Faith and Credit' 'transfer of Assets Held by Protective Commissioner']

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Procedural Posture

Application Concerning Management of the Estate of a Protected Person Under the Protected Estates Act 1983 / Final Judgment and Orders

Legal Issues

  1. 1 ["Whether an ACT tribunal order appointing managers of PQR's estate superseded an earlier NSW Supreme Court order committing management of the estate to the Protective Commissioner." 'Whether the NSW Supreme Court had power to revoke the earlier NSW management order where the Protected Estates Act 1983 did not expressly provide for revocation on the basis of best interests.' 'Whether the Protective Commissioner should be justified in paying and transferring all assets held for PQR to the managers appointed under the ACT order.']

Ratio Decidendi

The ACT Tribunal orders appointing managers for PQR's estate were entitled to full faith and credit and were fundamentally inconsistent with the earlier NSW order appointing the Protective Commissioner. The ACT orders therefore superseded the NSW order, leaving it as an empty shell and potential source of confusion. The Court had power under section 34(1)(a) of the Protected Estates Act 1983, or alternatively inherent power over its own orders, to revoke the NSW management order and to indicate that the Protective Commissioner would be justified in transferring PQR's assets to the ACT-appointed managers.

Court Disposition

New South Wales management order revoked. Protective Commissioner advised he would be justified in paying assets in his hands to managers appointed by ACT tribunal.

Orders

  • ['I order that the order of this Court made 25 February 1993 committing management of the estate of PQR to the Protective Commissioner be revoked.' 'I direct that the Protective Commissioner would be justified in paying and transferring to the wife and brother of PQR all assets held by him for the said PQR.']