FNL v NSW Trustee and Guardian [2023] NSWCATAD 46

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FNL v NSW Trustee and Guardian [2023] NSWCATAD 46 Hearing dates: 06 December 2022 Date of orders: 06 March 2023 Decision date: 06 March 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: J S Currie, Senior Member Decision: (1) The decision of NSW Trustee and Guardian is affirmed. (2) The time for filing the Application is extended to 28 September 2022. Catchwords: ADMINISTRATIVE LAW – ground of review other than procedural fairness – irrelevant and relevant considerations – review of decision made under NSW Trustee and Guardian Act 2009 – interests and welfare of protected person – decision made "in principle" to approve expenditure from protected estate of a maximum amount for purchase of residence for the protected person – whether a "decision" under Administrative Decisions Review Act 1997, section 6 – whether made in compliance with general principles in NSW Trustee and Guardian Act 2009, section 39 – whether decision correct and preferable – meaning of "preferable" Legislation Cited: Administrative Decisions Review Act 1997 (NSW), ss 6(1), 7, 9, 55, 58, 63, 65 Civil and Administrative Tribunal Act 2013 (NSW), s 41 Civil and Administrative Tribunal Rules 2014 (NSW), rr 24(3), 24(4)(a) Guardianship Act 1987 (NSW), ss 4, 25M(1) NSW Trustee and Guardian Act 2009 (NSW) ss 39, 70 Cases Cited: DCA v Public Guardian [2017] NSWCATAD 364 Drake v Minister of Immigration and Ethnic Affairs (1979) 2 ALD 60; [1979] FCA 39 DYH v Public Guardian [2021] NSWCATAD 136 McDonald v Guardianship and Administration Board [1993] 1 VR 521 Shi v Migration Agents Registration Authority (2008) 235 CLR 286; [2008] HCA 31 WL v NSW Trustee and Guardian (External) [2011] NSWADTAP 22 YG and GG v Minister for Community Services [2002] NSWCA 247 ZWA v ZWB [2022] NSWCATAP 113 Category: Principal judgment Parties: FNL (Applicant) NSW Trustee and Guardian (Respondent) Representation: Solicitors: Applicant (self-represented) NSW Trustee and Guardian (Respondent) File Number(s): 2022/00289440 Publication restriction: The name of the Applicant has been anonymised and publication of that name is prohibited under section 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW). Note: The name of a person includes a reference to any information, picture or other material that identifies them or is likely to lead to identification of them.