CD and Anor and EF and Anor (No. 2)

The plaintiffs CD and the second plaintiff, a grandchild of the second defendant, sought to be appointed as the manager of the second defendant’s estate, while the Court considered the appropriate costs orders in relation to the proceedings. The second defendant, who was unable to manage their own affairs, had the NSW Trustee and Guardian appointed as the receiver and manager of their estate, and the Public Guardian appointed as their committee of the person. The Court had previously ordered the continuation of the Public Guardian as the committee of the person for the second defendant.

The court considered two main legal issues. First, it had to decide on the appropriate costs orders in relation to the proceedings. Second, the court needed to determine the future management structure for the second defendant’s estate, considering the ongoing investigation into the first defendant’s administration of a Power of Attorney from the second defendant, and the NSW Trustee and Guardian’s supplementary submissions regarding a different structure during the investigation period.

The court found that the first plaintiff’s application for appointment as manager of the second defendant’s estate should fail, and the NSW Trustee and Guardian would continue as the manager for the time being. The court indicated that the second plaintiff, after a period of delay, may be appointed as the manager. The court adopted a different structure for the future management of the second defendant’s estate over the period of the investigation, considering the supplementary submissions from the NSW Trustee and Guardian.

The court ordered that the second plaintiff would be appointed as the manager of the second defendant’s estate after a specified delay, and that the NSW Trustee and Guardian would continue in their role during the investigation period. The costs of the proceedings were to be determined in accordance with the court's ruling on the appropriate costs orders.