MQN (No 4) [2020] NSWCATGD 55

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: MQN (No 4) [2020] NSWCATGD 55 Hearing dates: 5 March 2020 Date of orders: 17 March 2020 Decision date: 17 March 2020 Jurisdiction: Guardianship Division Before: L Organ, Senior Member (Legal) Dr B McPhee, Senior Member (Professional) F E Hilson, General Member (Community) Decision: In relation to the enduring power of attorney made by MQN on 15 July 2011 which appointed DVN as attorney the Tribunal determines, orders or declares: to carry out a review of the operation and effect of the enduring power of attorney. Having conducted the review has determined to make no orders and dismiss the application. Catchwords: REVIEW OF AN ENDURING POWER OF ATTORNEY – review of the operation and effect of an enduring power of attorney – whether an order under s 36 of the Powers of Attorney Act should be made – whether attorney in breach of their fiduciary duty as attorney – eviction of principal's children from investment property belonging to the principal - allowing rent-free occupation of the principal's property amounting to a gift – not in principal's best interests that an order be made – review of enduring power of attorney conducted – no order made – application dismissed. Legislation Cited: Div 4, Pt 3 of the Powers of Attorney Act 2003 (NSW) the POA Act, s 36 (1) ss 36(3)-(9) of the POA Act Pt 3A of the Guardianship Act 1987 (NSW) s 37(1) of the POA Act the POA Act: s 36(1)-(2) s 35 of the POA Act s 4 of the Guardianship Act s 36(4) of the POA Act s 37(1) of that Act s 36(4) of the POA Act s 11(2) of the POA Act Cases Cited: ZBC v ZBD [2016] NSWCATAP 264 C v W [2015] NSWSC 1774 Texts Cited: GD Dal Pont, Powers of Attorney (2015, LexisNexis, Butterworths Australia) at [8.32] Category: Principal judgment Parties: 015: Review of an Enduring Power of Attorney MQN (the person) NZG (applicant) DVN (attorney) MBL (joined party) NSW Trustee and Guardian Representation: Counsel: T Alexis SC, Counsel for DVN