FDK v NSW Trustee and Guardian [2021] NSWCATAD 383

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FDK v NSW Trustee and Guardian [2021] NSWCATAD 383 Hearing dates: 20 December 2021 Date of orders: 21 December 2021 Decision date: 24 December 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: T Simon, Principal Member Decision: (1) The Tribunal affirms the respondent's decision of 4 June 2021 to decline reimbursement for motor vehicle expenses. 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 refund expenses related to a motor vehicle. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2014 (NSW) NSW Trustee and Guardian Act 2009 NSW Trustee and Guardian Regulation 2017 Cases Cited: Nil Category: Principal judgment Parties: FDK (Applicant) NSW Trustee and Guardian (Respondent) Representation: Solicitors: Applicant (Self-Represented) R Sawtell, NSW Trustee and Guardian (Respondent) File Number(s): 2021/00289710 Publication restriction: Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act, (2013) the publication of the applicant's name is prohibited.

Reasons for Decsion 1. On 12 October 2021 the applicant made an application seeking review of a decision made by the respondent declining a request for reimbursement for $10,515.95 for car repairs and maintenance. By the time of hearing the applicant was seeking an amount of $18,368.58 for the motor vehicle expenses. 2. The respondent, the NSW Trustee and Guardian, currently manage the financial affairs of the applicant's mother (the mother). The Guardianship Division of the Tribunal initially made an order on 18 December 2015 appointing the respondent as financial manager. The Tribunal subsequently made orders on 24 April 2017 appointing the mother's granddaughter as financial manager. The Tribunal made further orders on 7 March 2019 re-appointing the respondent as financial manager. 3. The vehicle for which the applicant is now seeking the costs of repairs had initially been registered in the applicant's mother's name. The applicant transferred registration of the car into her name on 29 September 2018. The applicant claims that she was advised by Mr Leigh Avery, on behalf of the respondent, to transfer the vehicle into her name. The respondent disputes that there was ever any such authorisation. 4. On 4 June 2021 the respondent made the decision to decline to reimburse the applicant for motor vehicle related expenses. The applicant sought an Internal Review of Decision on 18 August 2021. The Internal Review of Decision, dated 31 August 2021, affirmed the decision not to reimburse the applicant for motor vehicle expenses. The Internal Review of Decision stated that the decision would be reconsidered if the applicant provided evidence that she was recommended by NSW Trustee and Guardian to transfer the car into her own name.