QFC (No 3) [2020] NSWCATGD 24

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: QFC (No 3) [2020] NSWCATGD 24 Hearing dates: 20 March 2020 Date of orders: 20 March 2020 Decision date: 20 March 2020 Jurisdiction: Guardianship Division Before: A D Suthers, Principal Member Dr B Chenoweth, Senior Member (Professional) R Royer, General Member (Community) Decision: In relation to the enduring power of attorney made by QFC on 19 February 2010 which appointed RBC and EZC as attorney(s) the Tribunal determines, orders or declares: not to carry out a review of the operation and effect of the enduring power of attorney. QFC is to lodge in the Tribunal and give to TAC any further submissions on her application for costs, within 14 days. TAC is to lodge in the Tribunal and give to QFC her submissions opposing the costs application, within 14 days of the Tribunal publishing its reason for decision in the substantive application. A hearing of the costs application is dispensed with. Catchwords: GUARDIANSHIP – application to review operation and effect of power of attorney – similar application previously dealt with by the Tribunal – allegations of inappropriate influence by attorney – proper considerations in exercising the discretion as to whether to conduct review­ - whether gift made indicated undue influence – no nexus between transactions and operation and effect of power of attorney – no indication that attorneys played any part in undertaking transactions – decision not to review power of attorney. INTERLOCUTORY – application for an adjournment – procedural fairness – COVID-19 pandemic – hearing to be conducted by telephone only – concern of inappropriate influence on subject person - whether hearing should be adjourned to a time at which it could be held in person – subject person in separate location to attorneys – no material risk of subject person being inappropriately influenced during hearing - telephone hearings usual course for Guardianship Division during pandemic – no procedural unfairness. Legislation Cited: Civil and Administrative Tribunal Act 2014 (NSW), ss 36, 36(1), 64(1)(d) Guardianship Act 1987 (NSW), ss 4, 4(b), 4(d)-(e), 4(g), Pt 3A Powers of Attorney Act 2003 (NSW), ss 36, 36(1), 36(4), 37(1), Div 4 of Pt 5 Cases Cited: Bradshaw v McEwans Pty Ltd [1951] 217 ALR 1 Gibbons v Wright [1954] HCA 17 QFC [2018] NSWCATGD 3 QFC (No 2) [2018] NSWCATGD 49 Susan Elizabeth Parker v Margaret Catherine Higgins [2012] NSWSC 1516 ZBC v ZBD [2016] NSWCATAP 264 Category: Principal judgment Parties: 003: Review of an Enduring Power of Attorney