HS v AS

The matter before the court involved an application for the appointment of a protected estate manager for an individual, HS, who is considered to have a mental health condition affecting their ability to manage their own financial affairs. The applicants were two entities, one of which was ordinarily resident outside the jurisdiction of the court. The dispute centred on whether the court should appoint a jointly managed estate, with one manager residing locally and the other not, in the best interests of HS. The case was heard in the Supreme Court of New South Wales.

The central legal issue was whether the court should appoint a jointly managed estate, with one manager ordinarily resident locally and the other not, when the interests of the protected person would be best served by such an arrangement. The applicants argued that the appointment of a locally resident manager, in conjunction with a non-resident manager, would be most beneficial for HS. The respondents contested the appropriateness of the non-resident manager's involvement, given the statutory requirement that the manager ordinarily reside within the jurisdiction.

In determining the matter, the court examined the statutory framework provided by the Trustee and Guardian Act 2009 (NSW). The court held that the best interests of the protected person were paramount and that the appointment of a jointly managed estate, comprising a locally resident manager and a non-resident manager, would indeed serve those interests. The court found that the applicants had demonstrated that this arrangement was necessary and appropriate to properly manage the estate of HS, and thus, the application was successful.

The court ordered that a jointly managed estate be appointed, with one manager ordinarily resident within the jurisdiction of the court and the other residing outside the jurisdiction. The court emphasised that this decision was made in the best interests of the protected person, HS. The court also directed that the jointly appointed managers were to act in accordance with their statutory obligations under the Trustee and Guardian Act 2009 (NSW).