DYH v NSW Trustee and Guardian [2022] NSWCATAD 150

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DYH v NSW Trustee and Guardian [2022] NSWCATAD 150 Hearing dates: 26 April 2022 Date of orders: 12 May 2022 Decision date: 12 May 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: L Pearson, Principal Member Decision: The application for dismissal under s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 is granted and the proceedings are dismissed. Catchwords: ADMINISTRATIVE REVIEW – estate managed by NSW Trustee and Guardian – request for inventory of property - whether administratively reviewable decision – whether proceedings misconceived or lacking in substance - whether proceedings should be dismissed Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 NSW Trustee and Guardian Act 2009 NSW Trustee and Guardian Regulation 2017 Cases Cited: Nil Texts Cited: Nil Category: Procedural rulings Parties: DYH (Applicant) NSW Trustee and Guardian (Respondent) Representation: Applicant (Self-represented) NSW Trustee and Guardian (Respondent) File Number(s): 2022/00020525 Publication restriction: Pursuant to s 64(1)(a) Civil and Administrative Tribunal Act 2013 with the exception of expert witnesses and officers of government agencies, the publication or broadcast of the name of any person mentioned or otherwise involved in these proceedings is prohibited.

REASONS FOR DECISION 1. On 21 January 2022 DYH applied to the Tribunal for administrative review in respect of a request made to the NSW Trustee and Guardian (NSWTG), appointed in 2019 to manage her mother's affairs, that it conduct an inventory of property and valuables before the sale of the house in which her mother had previously lived. The applicant alleged that items were being sold and removed from the property by her sister and brother. 2. On 7 February 2022 the applicant lodged an application for miscellaneous matters, requesting orders that her siblings return "all the personal house contents" including furniture and jewellery, and personal items of the applicant. That application appears to be an application made under s 60 of the Administrative Decisions Review Act 1997 (the ADR Act) for an order "staying or otherwise affecting" the operation of the decision under review. 3. The Tribunal has made an order under s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (the NCAT Act). In these reasons the applicant's name has been anonymised, and her mother, sister and brother, are not identified.