MXC [2023] NSWCATGD 8

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: MXC [2023] NSWCATGD 8 Hearing dates: 11 May 2023 Date of orders: 11 May 2023 Decision date: 11 May 2023 Jurisdiction: Guardianship Division Before: J D'Arcy, Senior Member (Legal) Decision: The dates for submission of material is amended as follows: All parties to give to the Tribunal and all other parties, the material they rely upon by 15 June 2023. The dates for submission of material in reply is amended as follows: All parties to give to the Tribunal and all other parties, the material in reply by 6 July 2023. The Tribunal gives approval for the applicant to apply to issue a summons to Dr Z, subject to payment, and in accordance with the following schedule: "Clinical notes on MXC's cognitive and decision-making capacity from 28 June 2018 to 30 March 2023." The Tribunal gives approval for the applicant to apply to issue a summons to The Proper Officer, of a commercial bank, subject to payment, and in accordance with the following schedule: "Copies of bank statements for all accounts in the name of [MXC] in her sole name or held jointly with another or other parties from 28 June 2018 to 30 March 2023." The Tribunal refuses approval for the applicant to apply to issue a summons to The Proper Officer, of a NSW Government agency because information concerning MXC's driver's licence and the reasons for cancellation of that licence are not relevant to the issues to be determined by the Tribunal. The Tribunal notes that the schedules must be completed for each summons and the covering letters supplied with the summons do not constitute a schedule. The hearing date of 9 June 2023 is vacated and the applications are to be set down for hearing at a date and time to be confirmed by the registry in late July 2023. Catchwords: INTERLOCUTORY – summons – application to issue summonses to produce documents – power of the registrar to issue summonses – relevance of the material sought to the review of an enduring power of attorney and review of an enduring guardianship appointment – considerations of privacy and welfare and interests of the person – decision to approve the issue of summonses with amended schedules Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 48(1) Civil and Administrative Tribunal Rules 2014 (NSW), r 34 Guardianship Act 1987 (NSW), s 4 Cases Cited: None cited. Texts Cited: None cited. Category: Principal judgment Parties: 001: Review of an Enduring Power of Attorney