BNI v NSW Trustee and Guardian

Introduction

1. On 21 May 2006 the Supreme Court declared that BNI was incapable of managing his affairs and ordered that his estate should be subject to management under the Protected Estates Act 1983 and that his estate be committed to the management of the Protective Commissioner.
2. The Protected Estates Act 1983 was repealed by the NSW Trustee and Guardian Act 2009. Schedule 1 of the NSW Trustee and Guardian Act 2009 provides that the NSW Trustee is to exercise the functions and responsibilities of the Protective Commissioner.
3. BNI made an application to the Supreme Court under section 86 of the NSW Trustee and Guardian Act 2009 seeking a revocation of the order made on 21 May 2006 by which his estate was placed under management. That application was heard by White J in the Supreme Court on 10, 11 and 12 June 2014. His Honour reserved his decision.
4. On 15 July 2014 in a telephone call to the NSW Trustee and Guardian on behalf of BNI, the solicitors for BNI sought the provision of funds for him and his brother/carer to visit his terminally ill brother in Croatia. Funds were also sought for living expenses whilst in Croatia and for a possible contribution to funeral expenses.
5. On 7 August 2014 following an internal review, Damon Quinn, Director of Client Services, NSW Trustee and Guardian affirmed the decision of the acting CEO of the NSW Trustee and Guardian to decline a request for $40,000 to $50,000 to cover an emergency visit to the sick brother of BNI and instead, to approve $25,000 spending money as well as airfares of $5319.08 to enable BNI to travel to Croatia to visit his brother.
6. In an email to the NSW Trustee and Guardian dated 26 August 2014 BNI's then solicitor states that BNI had travelled to Croatia but returned home due to inadequate funds. Further file records note that BNI was seeking the release additional funds for a second trip to Croatia and to allow him to contribute to the care of his ill brother.
7. A file copy of a letter to BNI dated 18 September 2014 from Mr John Neely, Assistant Director Client Services, NSW Trustee and Guardian states that based on receipts provided, there should be funds remaining from the earlier trip to Croatia and advises that under s.59 of the Trustee and Guardian Act the following had been approved: 1. The release of funds directly to the provider to finance return flights for BNI and his brother to travel to Croatia; 2. The release of $10,000 cash to BNI. 3. Contributions to medical expenses and accommodation for BNI's brother to be capped at $10,000 and only to be paid directly to providers on receipt of supporting documentation. 4. Regular payments to remain in place. These payments were: