Nasser v NSW Trustee and Guardian [2023] NSWCATAD 221

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Nasser v NSW Trustee and Guardian [2023] NSWCATAD 221 Hearing dates: 24 February, 3 April 2023 Date of orders: 17 August 2023 Decision date: 17 August 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: S Leal, Senior Member Decision: 1) The decision by the NSW Trustee and Guardian on 5 April 2022 not to pursue legal action against Ms Habashy is affirmed. 2) The decision by the NSW Trustee and Guardian on 4 March 2022 not to take legal action against Mrs Nasser's travel insurer is affirmed. 3) The decision by the NSW Trustee and Guardian on 29 June 2022 to reduce the legal service fee from $2470 to $2242 and to reimburse the difference of $228 to Mrs Nasser's account, along with any applicable interest, is affirmed. Catchwords: Financial Management Order – Financial manager - Repatriation costs – Medical costs – Travel insurance – Failure to declare pre-existing medical condition - Decision by NSW Trustee not to take legal action against travel insurer – Decision by NSW Trustee not to take legal action against the former financial manager – Legal fees charged to managed person's estate. Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Act 2013 Guardianship Act 1987 NSW Trustee and Guardian Act 2009 NSW Trustee and Guardian Regulation 2017 Cases Cited: McDonald v Guardianship & Administration Board [1993] 1 VR 521 Category: Principal judgment Parties: S Nasser (Applicant) NSW Trustee and Guardian (Respondent) Representation: M Long (Applicant)