DOZ v NSW Trustee and Guardian [2021] NSWCATAD 280

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DOZ v NSW Trustee and Guardian [2021] NSWCATAD 280 Hearing dates: 1 September 2021 Date of orders: 28 September 2021 Decision date: 28 September 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: P H Molony, Senior Member Decision: The decision made by the NSW Trustee to sell FCO's property is affirmed. Catchwords: ADMINISTRATIVE REVIEW — financial management — where managed persons estate committed to NSW Trustee and Guardian — where NSW Trustee and Guardian made decisions to sell of protected person's home— where protected person's sons living in home – where substantial debts owed by protected person's estate that cannot be paid without sale of property — whether correct and preferable decision Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 NSW Trustee and Guardian Act 2009 Residential Tenancies Act 2010 Cases Cited: BEY v NSW Trustee and Guardian [2014] NSWCATAD 8 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 EPO v NSW Trustee and Guardian [2021] NSWCATAD 220 Protective Commissioner v. D & Ors (2004) NSWCA 216 Category: Principal judgment Parties: DOZ – applicant ERN – applicant NSW Trustee and Guardian – respondent Representation: Solicitors:

Applicants - M Turner, Legal Aid NSW Respondent – C Zucker, ZuckerLegal File Number(s): 2021/00165995 Publication restriction: Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 the disclosure of the names of the applicants, the protected person and their family members is prohibited.