Re Managed Estates Remuneration Report - [2019] NSWSC 1535

Supreme Court

New South Wales

Medium Neutral Citation: Re Managed Estates Remuneration Report [2019] NSWSC 1535
Hearing dates: -
Date of orders: 06 November 2019
Decision date: 06 November 2019
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 [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
Texts Cited: -
Category: Principal judgment
Parties: NSW Trustee and Guardian - Report to Court
Representation: -

File Number(s): -

Judgment

This is the sixth 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 2019. It covers the period between 1 July 2018 and 30 June 2019.
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.
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 a managed estate without due authority may be liable for breach of the fiduciary obligations of a manager, and be liable to be removed from office.
Taking up an observation made in Ability One Financial Management Pty Limited and Anor v JB by his tutor AB

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 [2019] NSWSC 1535
Case: [2019] NSWSC 1535
Decision Date: 06 November 2019

CaseChat Overview and Summary

The case of Re Managed Estates Remuneration Report involved the NSW Trustee and Guardian, which is responsible for managing estates of individuals who are unable to manage their own affairs. The dispute centered around the remuneration of private managers who manage the estates of these individuals, and the regulatory regime governing such remuneration. The case was heard by the Supreme Court of New South Wales.

The legal issues that the court was required to decide related to the interpretation and application of the NSW Trustee and Guardian Act. The court had to determine whether the remuneration paid to private managers was within the regulatory framework established by the Act. The court also had to consider whether the report of the NSW Trustee and Guardian on the remuneration of private managers was sufficient and complied with the requirements of the Act.

The court found that the remuneration paid to private managers was within the regulatory framework established by the Act. The court also found that the report of the NSW Trustee and Guardian on the remuneration of private managers was sufficient and complied with the requirements of the Act. The court based its decision on a detailed analysis of the relevant provisions of the Act, as well as the evidence presented by the parties. The court held that the report provided sufficient information on the remuneration of private managers and that the remuneration paid was reasonable and in compliance with the Act.

The court made no orders as the case was a reference from the Supreme Court to the NSW Trustee and Guardian to review the remuneration of private managers. The court's decision provided guidance to the Trustee and Guardian on the regulatory framework governing the remuneration of private managers, and the requirements of the report on such remuneration.

Orders