HKE [2021] NSWCATGD 43

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: HKE [2021] NSWCATGD 43 Hearing dates: 1 July 2021 Date of orders: 1 July 2021 Decision date: 01 July 2021 Jurisdiction: Guardianship Division Before: R H Booby, Senior Member (Legal) S Flanagan, Senior Member (Professional) I Ferreira, General Member (Community) Decision: In relation to the enduring powers of attorney made by HKE (deceased) on 19 January 2013 and 9 September 2019 which appointed GZK as attorney the Tribunal determines, orders or declares: not to carry out a review of the making and operation and effect of the enduring powers of attorney. Catchwords: REVIEW OF ENDURING POWER OF ATTORNEY – application to review the making and operation and effect of enduring powers of attorney – principal deceased at the time of hearing – whether the Tribunal should make orders under s 36(4)(e) of the Powers of Attorney Act 2003 – Tribunal exercises discretion not to conduct a review of the enduring powers of attorney – no utility in making an order under the Powers of Attorney Act – no order made – application dismissed Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 36, 36(8)(b) Powers of Attorney Act 2003 (NSW), ss 36, 36(4), 36(4)(e), 36(4)(e)(iv) Cases Cited: DPT [2015] NSWCATGD 3 KBX [2015] NSWCATGD 2 Susan Elizabeth Parker v Margaret Catherine Higgins [2012] NSWSC 1516 UQH [2014] NSWCATGD 37 Texts Cited: None cited. Category: Principal judgment Parties: 002: Review of an Enduring Power of Attorney