RL v NSW Trustee and Guardian (No 2)

This matter concerned an appeal before the Court of Appeal of New South Wales, brought by RL against the NSW Trustee and Guardian. The dispute arose from litigation initiated by the manager of the estate of PBL, a protected person, concerning the administration of PBL's property. PBL died before the litigation was concluded, raising questions about the continuation of these proceedings and the rights associated with them.

The central legal issues before the Court of Appeal were whether the rights concerning the litigation, commenced by the manager regarding the administration of PBL's property, survived PBL's death. The Court was also required to determine who had the power to continue such litigation following the protected person's demise. This involved considering the nature of the "cause of action" in the context of a protected person's estate and the procedural mechanisms for concluding litigation after the death of a party.

Campbell JA allowed the appeal, finding that the litigation did not abate upon PBL's death. The Court determined that the manager's claim was not personal to PBL but rather concerned the proper administration of the estate, a matter that could survive. Consequently, the Court made various orders to facilitate the conclusion of the proceedings, including appointing a representative for PBL's estate, amending the title of the proceedings, and substituting specific answers and directions regarding the management and distribution of estate funds, including the income from a Sale Fund and other moneys. The Court also made orders concerning the costs of the appeal.