Re Managed Estates Remuneration Report - [2019] NSWSC 1597

Supreme Court

New South Wales

Medium Neutral Citation: Re Managed Estates Remuneration Report [2019] NSWSC 1597
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 1597
Case: [2019] NSWSC 1597
Decision Date: 06 November 2019

CaseChat Overview and Summary

The case involved Managed Estates, a private manager of assets for individuals under the guardianship of the Trustee and Guardian, and the New South Wales Trustee and Guardian (NSW Trustee and Guardian). The dispute centred on the remuneration report that Managed Estates submitted to the NSW Trustee and Guardian, which was to be publicly available as part of the regulatory requirements under the Trustee and Guardian Act. Managed Estates argued that the report should not be made public, as it contained confidential information and proprietary details that could be detrimental to their business interests.

The central legal issues were whether the NSW Trustee and Guardian was entitled to disclose the remuneration report under the Act, and whether such disclosure would contravene Managed Estates' rights to protect their confidential and proprietary information. The court had to determine the extent of the public disclosure requirements under the Act and whether there were any exemptions or limitations applicable to Managed Estates' situation.

The court found that the Act required the disclosure of the remuneration report to ensure transparency and accountability in the management of estates. However, the court also recognised that the report contained sensitive information that could harm Managed Estates if made public. The court balanced these competing interests and concluded that while the report must be disclosed, certain details could be redacted to protect Managed Estates' confidential and proprietary information. The court ordered Managed Estates to submit a redacted version of the report to the NSW Trustee and Guardian for public disclosure, while ensuring that the essential information required by the Act was still available.

The final order was that Managed Estates must submit a redacted version of the remuneration report to the NSW Trustee and Guardian, which would then be made publicly available. The redactions were to protect Managed Estates' confidential and proprietary information, while still fulfilling the disclosure requirements under the Trustee and Guardian Act.

Orders