YKM [2023] NSWCATGD 9

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: YKM [2023] NSWCATGD 9 Hearing dates: 19 April 2023 Date of orders: 19 April 2023 Decision date: 19 April 2023 Jurisdiction: Guardianship Division Before: E M Connor, Senior Member (Legal) Decision: The financial management order made on 5 July 2022 is revoked from 19 April 2023. The person appointed as manager of the estate is to pay over or hand over the estate to: YKM Catchwords: FINANCIAL MANAGEMENT – review of reviewable financial management order – whether financial management order should be revoked – part of the subject person's estate is excluded from the financial management order – effect of s 25E(2) of the Guardianship Act 1987 – where the subject person purchased property while under a financial management order – where the NSW Trustee and Guardian is managing the subject person's compensation payment – where access to the compensation payment is needed to pay off the mortgage – finding that it is in the best interests of the subject person for the financial management order to be revoked – order revoked Legislation Cited: Guardianship Act 1987 (NSW), s 25E(2) NSW Trustee and Guardian Act 2009 (NSW), s 71(1) Cases Cited: Re Application for Partial Management Orders [2014] NSWSC 1468 Texts Cited: None cited. Category: Principal judgment Parties: 002: Review of Reviewable Financial Management Order

YKM (the person) NSW Trustee and Guardian (financial manager) AZJ (spouse) Representation: Nil. File Number(s): NCAT 2022/00137251 Publication restriction: Decisions of the Guardianship Division of the Civil and Administrative Tribunal have been anonymised to remove any information that may identify any person involved in the Tribunal's proceedings: Civil and Administrative Tribunal Act 2013 (NSW), s 65.