FLC v NSW Trustee and Guardian [2023] NSWCATAD 127

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FLC v NSW Trustee and Guardian [2023] NSWCATAD 127 Hearing dates: On the Papers Date of orders: 30 May 2023 Decision date: 30 May 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: J S Currie, Senior Member Decision: Each of the decisions under review is affirmed. Catchwords: ADMINISTRATIVE LAW- Merits review- decisions by NSW Trustee and Guardian to sell former residence of protected persons and as to future treatment of their respective refundable accommodation deposits (RADs) and daily accommodation payments (DAPs)-where sale of property and treatment of RAD and DAP opposed by one son of the protected persons. Nature and scope of Tribunal's review- principles in section 39 NSW Trustee and Guardian Act- paramount importance of welfare and interests of protected person- other section 39 factors- correct and preferable decision. Legislation Cited: Administrative Decisions Review Act 1997 (NSW); sections 9, 58 Guardianship Act 1987 (NSW); section 4; NSW Trustee and Guardian Act, 2009 (NSW); sections 39, 70 Powers of Attorney Act 2003 (NSW); section 50 Cases Cited: DCA v Public Guardian [2017] NSWCATAD 364 DYH v Public Guardian [2021] NSWCATAD 136 FNL v NSW Trustee and Guardian [2023] NSWCATAD 46; WL v NSW Trustee and Guardian (External) [2011] NSWADTAP 22 ZWA v ZWB [2022] NSWCATAP 113 Texts Cited: None cited Category: Principal judgment Parties: FLC (Applicant) NSW Trustee and Guardian (Respondent) Representation: Applicant (Self Represented) R Stormont (NSW Trustee and Guardian) (Respondent) File Number(s): 2022/00157290 Publication restriction: The publication of the name of the Applicant and of the persons subject to the decision under review, being the joint owners of the property the sale of which is the subject of that decision, is prohibited under section 64(1)(a) of the Civil and Administrative Tribunal Act, 2013 (NSW). Note: The name of each such person includes a reference to any information, picture or other material that identifies them or is likely to lead to identification of them.