Appointment of a private manager

Ability One Financial Management Pty Limited and Anor v JB by his Tutor AB [2014] NSWSC 245:

1 This judgment addresses the basis, and terms, upon which a private corporation conducting a business of management of protected estates might be appointed, or permitted to act, and be remunerated, as manager of the estate of a person incapable of managing his or her own affairs. In these proceedings, such a corporation stands in contrast to a licensed trustee company, not only because it does not hold such a licence, but because it is privately owned and controlled.


2 The immediate focus is on the availability of allowances from a protected estate for remuneration, and expenses, of an identified manager of a particular estate.


3 However, broader questions (including a question about the true character of remuneration allowed to a manager) have been, and must be, canvassed because the current case is but one of a number of cases, pending and foreshadowed, involving similar questions affecting the plaintiffs. They, and the NSW Trustee and Guardian (“the NSW Trustee”), have invited the Court to consider general principles governing private management of protected estates for reward.