FPA v NSW Trustee and Guardian [2023] NSWCATAP 257

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FPA v NSW Trustee and Guardian [2023] NSWCATAP 257 Hearing dates: 08 September 2023 Date of orders: 15 September 2023 Decision date: 15 September 2023 Jurisdiction: Appeal Panel Before: T Simon, Principal Member Dr R Dubler SC, Senior Member Decision: 1. Leave to appeal is refused. 2. Appeal dismissed. 3. The stay order continued by the Appeal Panel on 14 July 2023 in relation to the sale of the protected person's home is lifted. Catchwords: ADMINISTRATIVE REVIEW - Protective Division – whether sale of the protected person's family home is in the best interests of the protected person APPEAL – whether the Appeal Panel ignored evidence or the weight of the evidence – whether the Tribunal was biased – whether the Tribunal failed to consider the view of the protected person – whether the Tribunal failed to take into account an agreement reached between the protected person and her son Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Guardianship Act 1987 (NSW) Cases Cited: BHP Billiton Ltd v Dunning [2013] NSWCA 421 Brahmbhatt v Osorio [2023] NSWCATAP 188 Collins v Urban [2014] NSWCATAP 17 FPA v NSW Trustee and Guardian [2023] NSWCATAD 136 McCallum JA in Mendonca v Legal Services [2020] NSWCA 84 Nakad v Commissioner of Police, NSW Police Force [2014] NSWCATAP 10 Pohli v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Limited [2014] NSWCATAP 69 SAB v SEM [2013] NSWSC 253 Texts Cited: Nil Category: Principal judgment Parties: FPA (Appellant) J McCarthy, Solicitor, NSW Trustee and Guardian (First Respondent) FPM (Second Respondent) Representation: Appellant (self-represented) NSW Trustee and Guardian (First Respondent) Second Respondent (self-represented) File Number(s): 2023/00213328 Publication restriction: The publication of the name of the Appellant, the Second Respondent and the protected person the subject of the decision under review is prohibited under s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW)