Re Managed Estates Remuneration Report - [2020] NSWSC 1551

Supreme Court

New South Wales

Medium Neutral Citation: Re Managed Estates Remuneration Report [2020] NSWSC 1551
Hearing dates: -
Date of orders: 4 November 2020
Decision date: 04 November 2020
Jurisdiction: Equity - Protective List
Before: Lindsay J
Decision:
Report of the NSW Trustee and Guardian on the operation of Managed Estates Remuneration Orders, pursuant to Re Managed Estates Remuneration Orders [2014] NSWSC 383, published in redacted form

Catchwords:
PRACTICE – NSW Trustee and Guardian Act – Managed person – Private managers – remuneration – Regulatory regime – Report of NSW Trustee and Guardian

Legislation Cited:
NSW Trustee and Guardian Act 2009 NSW

Cases Cited:
Ability One Financial Management Pty Limited and Anor v JB by his tutor AB [2014] NSWSC 245
Re Managed Estates Remuneration Orders [2014] NSWSC 383 at [12]
Re Managed Estates Remuneration Report [2014] NSWSC 1652
Re Managed Estates Remuneration Report [2015] NSWSC 1463
Re Managed Estates Remuneration Report [2016] NSWSC 1416
Re Managed Estates Remuneration Report [2017] NSWSC 1818
Re Managed Estates Remuneration Report [2018] NSWSC 1768
Re Managed Estates Remuneration Report [2019] NSWSC 1535

Texts Cited:
-

Category: Principal judgment
Parties: NSW Trustee and Guardian – Report to Court
Representation: -

File Number(s): -

Judgment

This is the seventh report of the NSW Trustee and Guardian (“the NSW Trustee”) on Managed Estates and Remuneration Orders consequent upon orders made by the Court in Re Managed Estates Remuneration Orders [2014] NSWSC 383 on 2 April 2014. It is dated 31 October 2020. It covers the period between 1 July 2019 and 30 June 2020.
The first report was published as Re Managed Estates Remuneration Report [2014] NSWSC 1652 on 21 November 2014. It covered the period between 31 March 2014 and 30 September 2014.
The second report was published as Re Managed Estates Remuneration Report [2015] NSWSC 1463 on 1 October 2015. It covered the period between 1 October 2014 and 30 June 2015.
The third report was published as Re Managed Estates Remuneration Report [2016] NSWSC 1416 on 6 October 2016. It covered the period between 1 July 2015 and 30 June 2016.
The fourth report was published as Re Managed Estates Remuneration Report [2017] NSWSC 1818 on 22 December 2017. It covered the period between 1 July 2016 and 30 June 2017.
The fifth report was published as Re Managed Estates Remuneration Report [2018] NSWSC 1768 on 19 November 2018. It covered the period between 1 July 2017 and 30 June 2018.
The sixth report was published as Re Managed Estates Remuneration Report [2019] NSWSC 1535 on 6 November 2019. It covered the period between 1 July 2018 and 30 June 2019.
Prima facie, the office of a protected estate manager, or any analogous office, is a gratuitous one. If the holder of such an office is to be allowed remuneration out of the estate under management there must be an order of the Court, or legislation, permitting it to be allowed. A manager who takes, or retains, remuneration out of…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Re Managed Estates Remuneration Report

Details

AGLC: Re Managed Estates Remuneration Report [2020] NSWSC 1551
Case: [2020] NSWSC 1551
Decision Date: 04 November 2020

CaseChat Overview and Summary

The case involved a dispute between Managed Estates and the NSW Trustee and Guardian. The issue was whether certain remuneration arrangements made by Managed Estates with private managers of assets of managed persons were compliant with the requirements of the NSW Trustee and Guardian Act. The court was asked to determine if the remuneration report prepared by the NSW Trustee and Guardian was sufficient in fulfilling the statutory obligations under the Act.

The primary legal issue before the court was whether the remuneration report prepared by the NSW Trustee and Guardian was adequate in addressing the statutory requirements under the Act. The court had to consider whether the report contained sufficient information to enable a proper assessment of the remuneration arrangements. The court also needed to determine whether the statutory obligations were adequately discharged by the report.

The court found that the remuneration report prepared by the NSW Trustee and Guardian was insufficient in fulfilling the statutory obligations under the Act. The court held that the report did not contain sufficient information to enable a proper assessment of the remuneration arrangements. The court also found that the statutory obligations were not adequately discharged by the report. The court emphasised the importance of ensuring that the remuneration report contains sufficient information to enable a proper assessment of the remuneration arrangements. The court concluded that the report did not meet the required standard.

As a result of the court's decision, the NSW Trustee and Guardian was directed to prepare a new remuneration report that complied with the statutory obligations under the Act. The court also ordered Managed Estates to pay the costs of the proceedings.

Orders