P9/2000

The case involves an application by the Public Trustee of New South Wales to remove a financial manager appointed by the Supreme Court of New South Wales. The managed person, who is currently a resident in a psychiatric facility, is incapable of managing their own financial affairs. The Public Trustee sought the removal of the financial manager due to concerns about the manager's conduct and fitness to manage the estate. The matter was heard by Justice Leeming in the Supreme Court of New South Wales.

The primary legal issue was whether the Public Trustee had established grounds for the removal of the financial manager. The court had to consider the relevant statutory provisions and case law to determine if the financial manager had acted in a way that warranted removal. This included examining whether the financial manager had breached any statutory duties, acted in a manner that was inconsistent with the best interests of the managed person, or otherwise demonstrated unfitness to continue in the role.

Justice Leeming concluded that the Public Trustee had established sufficient grounds for the removal of the financial manager. The court found that the financial manager had breached their statutory duties by acting in a manner that was not in the best interests of the managed person and by failing to comply with the court's orders. The judge also noted that the financial manager had not acted with the requisite degree of care and skill. As a result, Justice Leeming granted the Public Trustee's application to remove the financial manager from their role. The court further ordered that the Public Trustee be appointed as the new financial manager of the managed person's estate.