ZOF v NSW Trustee and Guardian (No. 2) [2020] NSWCATAP 254

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZOF v NSW Trustee and Guardian (No. 2) [2020] NSWCATAP 254 Hearing dates: 17 September 2020 Date of orders: 17 September 2020 Decision date: 03 December 2020 Jurisdiction: Appeal Panel Before: Armstrong J, President M D Schyvens, Deputy President L Porter, General Member (Community) Decision: (1) The Appeal is allowed. (2) The Tribunal's orders dated 3 October 2019 are set aside, and in substitution, the Appeal Panel makes the following order: (a) The application for the appointment of a financial manager for the Appellant is dismissed. (3) The TAG is directed to release to the Appellant any monies in its possession or under its control forming part of the Appellant's estate. Catchwords: APPEAL – Civil and Administrative Tribunal (NSW) – Guardianship Division – internal appeal – new hearing – financial management order – whether it is in the best interests of the subject person that a financial management order be made – consideration of the subject person's cultural and linguistic background – subject person a member of the Stolen Generations – cultural aversion to government and institutional control – likely that subject person would receive large compensation sum of unknown quantum at unknown time in future – subject person capable of managing their own affairs at present – no need for a financial management order – financial management order not in subject person's best interests – financial management application dismissed. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 65(1), 65(3), 80(2) Guardianship Act 1987 (NSW), ss 25G, 25G(a); Pt 3A 25G(b) and (c) NSW Trustee and Guardian Act 2009 (NSW), s 41 Cases Cited: CJ v AKJ [2015] NSWSC 498 H v H NSWSC [2015] 837 McD v McD (1983) 3 NSWLR 81 P v NSW Trustee and Guardian [2015] NSWSC 579 P v R [2003] NSWSC 819 PB v BB [2013] NSWSC 1223 Re D [2012] NSWSC 1006 Re W and L (Parameters of Protected Estate Management Orders) [2014] NSWSC 1106 ZOF v NSW Trustee and Guardian [2020] NSWCATAP 167 Texts Cited: Nil Category: Principal judgment Parties: ZOF (Appellant) NSW Trustee and Guardian (First Respondent) ZOG (Second Respondent) ZOH (Third Respondent) Representation: Solicitors: L Rogers (Appellant) Respondents (Self-Represented) File Number(s): AP 19/56865 Publication restriction: The publication of the name of any of the parties or other people referred to in this decision including the publication of any information, picture or other material that identifies them, or is likely to lead to their identification, is prohibited. Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Guardianship Division Citation: N/A Date of Decision: 03 October 2019 Before: A D Suthers, Principal Member A M Matheson, Senior Member (Professional) J L Newman, General Member (Community) File Number(s): 2019/00053486