NSW Caselaw
NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: KNS [2021] NSWCATGD 5 Hearing dates: 14 January 2021 Date of orders: 14 January 2021 Decision date: 14 January 2021 Jurisdiction: Guardianship Division Before: A D Suthers, Principal Member Dr A Baird, Senior Member (Professional) M Watson, General Member (Community) Decision: In relation to the enduring power of attorney made by KNS on 27 September 2010 which appointed UKT as attorney the Tribunal determines, orders or declares: not to carry out a review of the operation and effect of the enduring power of attorney. The application for the appointment of a guardian for KNS is dismissed Catchwords: GUARDIANSHIP – failure by applicant to appear at hearing and prosecute application – no proper basis for adjournment – no proper basis for order established – application dismissed POWER OF ATTORNEY – review of operation of enduring power of attorney – second such application – no new issues raised – no proper basis for review established Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)-(2), 4,14(1)-(2) Powers of Attorney Act 2003 (NSW), s 36(1), Div 4 of Pt 5 Cases Cited: Magjarraj v Asteron Life Ltd [2009] NSWSC 1433 NNX [2020] NSWCATGD 34 Susan Elizabeth Parker v Margaret Catherine Higgins & Ors [2012] NSWSC 1516 Texts Cited: Nil Category: Principal judgment Parties: 002: Review of an Enduring Power of Attorney
KNS (the person) GZX (applicant) UKT (attorney) NSW Trustee and Guardian
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