UE and UD v NSW Trustee and Guardian and Guardian

The proceedings arose in the Supreme Court of New South Wales, with the parties being UE and UD, who are the adult children of a protected person, and the NSW Trustee and Guardian and Guardian, the legal guardian of the protected person. The protected person had entered into a contract for the sale of a property, and a Commercial Management Plan was prepared by the Guardian. The dispute centred on the terms of the Commercial Management Plan and whether it was in the best interests of the protected person. UE and UD argued that the Guardian had failed to act in the best interests of the protected person by approving the sale of the property without their consent.

The key legal issue before the court was whether the Guardian had breached its statutory obligations under the Guardianship Act by approving the Commercial Management Plan without the consent of the protected person's children. The court had to consider whether the Guardian had acted in accordance with the statutory requirements, and whether the Commercial Management Plan was in the best interests of the protected person. The court also had to consider the weight to be given to the wishes of the protected person's children.

The court found that the Guardian had breached its statutory obligations by approving the Commercial Management Plan without the consent of the protected person's children. The court held that the Guardian was required to consult with the protected person's children and take their views into account when making decisions about the protected person's property. The court found that the Guardian had not adequately considered the wishes of UE and UD and had not provided sufficient reasons for approving the Commercial Management Plan. The court also found that the Commercial Management Plan was not in the best interests of the protected person, as it did not adequately protect the protected person's interests in the property. The court varied the decision of the Guardian and ordered that the Commercial Management Plan be set aside.