Re M and the Protected Estates Act 1983 [2003] NSWSC 344

Re M and the Protected Estates Act 1983 [2003] NSWSC 344

The evidence that transfer of the fund to New Zealand would make it easier for M and might enable him to buy a house did not go sufficiently far to satisfy the test in Re FN; without evidence establishing that the property was required for M's maintenance or other purposes and evidence about effective supervision of New Zealand managers, the Court would not make the order sought at this stage.

Jurisdiction
Australia
Judgment Date
22 April 2003
Procedural Posture
Protective List Proceeding Under the Protected Estates Act 1983 Concerning Management of an Incapable Person's Estate / Notice of Motion Filed 26 February 2003 Seeking Appointment of a New Zealand Relative as Co Manager and Management or Transfer of Property in New Zealand
Outcome
Stood over for further evidence; order declined at this stage.
Legal Topics
['jurisdiction Over Protected Estates' 'new Zealand Domiciliary With Property in New South Wales' 'appointment of Estate Managers' 'transfer of Protected Estate Funds']
['mental Health' 'protected Estates' 'equity'] ['jurisdiction Over Protected Estates' 'new Zealand Domiciliary With Property in New South Wales' 'appointment of Estate Managers' 'transfer of Protected Estate Funds']

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Procedural Posture

Protective List Proceeding Under the Protected Estates Act 1983 Concerning Management of an Incapable Person's Estate / Notice of Motion Filed 26 February 2003 Seeking Appointment of a New Zealand Relative as Co Manager and Management or Transfer of Property in New Zealand

Legal Issues

  1. 1 ['Whether the Court had jurisdiction to make and maintain protective orders where the incapable person was domiciled in New Zealand but property was in New South Wales.' 'Whether management of the protected estate should be shared with a New Zealand relative and the property despatched to New Zealand.' 'Whether the evidence satisfied the requirement for transfer of the fund or income for the maintenance or other purposes of the incapable person.']

Ratio Decidendi

The evidence that transfer of the fund to New Zealand would make it easier for M and might enable him to buy a house did not go sufficiently far to satisfy the test in Re FN; without evidence establishing that the property was required for M's maintenance or other purposes and evidence about effective supervision of New Zealand managers, the Court would not make the order sought at this stage.

Court Disposition

Stood over for further evidence; order declined at this stage.

Orders

  • ['The Court declined to make an order on the notice of motion at this stage.' 'The matter may be relisted before Young CJ in Eq whenever convenient for argument and/or further evidence.']