NKU [2022] NSWCATGD 1

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NKU [2022] NSWCATGD 1 Hearing dates: 17 May 2022 Date of orders: 17 May 2022 Decision date: 17 May 2022 Jurisdiction: Guardianship Division Before: A R Boxall, Senior Member (Legal) M Bain, Senior Member (Professional) Dr J M Green, General Member (Community) Decision: 001: Review of an Enduring Power of Attorney In relation to the enduring power of attorney made by NKU on 27 November 2015 which appointed CJE as attorney(s) the Tribunal determines, orders or declares: The proposals of the attorney to: (1) pay agent's GST inclusive commission and marketing expenses totalling $129,624 to [the Estate Agent], in accordance with that company's invoice [Information removed for publication.] dated 14 January 2022, concerning the sale of NKU's property at [Address removed for publication.]; (2) pay out of NKU's estate legal costs and disbursements totalling on a GST inclusive basis $16,684.85 incurred in the making and conduct of the present application as set out in tax invoices 1255, 1264 and 1293 issued by Dunstan Legal, solicitors; and (3) pay out of NKU's estate Dr Z's invoice number [Information removed for publication.] dated 19 April 2022 for $88, in connection with the provision of a report concerning NKU's cognition for purposes of the present application are approved. Application to be legally represented: CJE is allowed to be represented by: Greg Dunstan, solicitor. Catchwords: REVIEW OF ENDURING POWER OF ATTORNEY – advice or directions to attorney – s 38 of the Powers of Attorney Act 2003 (NSW) – sale of property which is part of the principal's estate – whether the agent is entitled to commission under an agency agreement – direction by the Tribunal – attorney to pay the agent's commission out of the principal's estate – attorney to pay disbursements and legal fees associated with the application out of the principal's estate – order made. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 36 Land Acquisition (Just Terms Compensation) Act 1991 (NSW), ss 3(1)(e), 20(1), 20(1)(b) Powers of Attorney Act 2003 (NSW), ss 26, 33, 35, 38 Transport Administration Act 1988 (NSW), s 3E, Sch 1, Sch 1 cl 11(1) Cases Cited: Sovereign Hills Project Pty Ltd & Ors v MMTR Pty Ltd & Ors [2012] NSWSC 763 Texts Cited: None cited. Category: Principal judgment Parties: 001: Review of an Enduring Power of Attorney