PB v BB

The case of PB v BB involved a dispute concerning the management of the estate of a protected person, PB, under the NSW Trustee and Guardian Act 2009. The respondents, BB, were prospective managers seeking to transfer PB's estate to a foreign jurisdiction. The central issue was whether the NSW Supreme Court had jurisdiction to make orders regarding the transfer of property of a protected person residing outside the state. Additionally, the court had to determine the principles to be applied when considering such applications.

The court examined the relevant statutory provisions and the inherent jurisdiction of the court, emphasising the need for a coordinated, cross-border protective regime. It was held that the court's jurisdiction to appoint managers under section 41 of the Act was limited to situations where the protected person and their property were within the jurisdiction of the court. However, the court could still exercise its inherent jurisdiction in cases where there was a need for a protective regime and the court could effectively exercise control over the matter. In this case, the court found that it did not have jurisdiction to make orders concerning the transfer of property to a foreign jurisdiction.

The court concluded that while it did not have the statutory jurisdiction to make orders concerning the transfer of property to a foreign jurisdiction, it could still exercise its inherent jurisdiction in cases where there was a need for a protective regime and the court could effectively exercise control over the matter. The application for the transfer of property was dismissed due to the lack of statutory jurisdiction, but the court left open the possibility of exercising its inherent jurisdiction in appropriate circumstances.