EJS v NSW Trustee and Guardian [2021] NSWCATAD 10

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EJS v NSW Trustee and Guardian [2021] NSWCATAD 10 Hearing dates: 26 November 2020 Date of orders: 18 January 2021 Decision date: 18 January 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: C Mulvey, Senior Member Decision: (1) The decision made by the NSW Trustee and Guardian on 30 May 2019 is set aside. (2) The matter is remitted for reconsideration to the NSW Trustee and Guardian. (3) The following recommendations are made in determining the reconsideration of EJS' request: (a) Whether EJS had capacity to enter into a costs agreement with Papas J - Attorney on 28 October 2011; and what effect his capacity or lack of capacity may have in respect of the contractual relationship with Pappas, J - Attorney. (b) Whether the fees claimed in the tax invoice of 4 April 2012 were properly incurred by Pappas, J - Attorney, and, if not, whether recovery of those fees is available. (c) Whether the costs agreement entered into between EJS and Papas J - Attorney on 28 October 2011 was properly terminated. Catchwords: ADMINISTRATIVE LAW – review under section 62 NSW Trustee and Guardian Act 2009 (NSW) – Trustee and Guardian - interests and welfare of protected person – whether to pursue refund of legal costs – financial management order. Legislation Cited: Administrative Decisions Review Act 1997(NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Guardianship Act 1987 NSW Trustee and Guardian Act 2009 (NSW) Cases Cited: McDonald v Guardianship Administration Board [1993] 1 VR 521 at 530 Category: Principal judgment Parties: EJS (Applicant) NSW Trustee and Guardian (Respondent) Representation: Solicitors: Applicant (Self Represented) M Rice (Respondent) File Number(s): 2020/00200707 Publication restriction: Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 the Tribunal prohibits disclosure of the name of the applicant or of evidence given and received in the Tribunal hearing or in relation to the proceedings which is likely to identify the person.