FPY v NSW Trustee and Guardian [2023] NSWCATAD 285

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FPY v NSW Trustee and Guardian [2023] NSWCATAD 285 Hearing dates: 5 September 2023 Date of orders: 31 October 2023 Decision date: 31 October 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: T Simon, Principal Member Decision: The decision of the respondent to sell the property is affirmed. Catchwords: ADMINISTRATIVE LAW – review under section 62 NSW Trustee and Guardian Act 2009 (NSW) – Trustee and Guardian - interests and welfare of protected person – whether to sell the protected persons property. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2014 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) NSW Trustee and Guardian Act 2009 (NSW) NSW Trustee and Guardian Regulation 2017 (NSW) Texts Cited: None cited Category: Principal judgment Parties: FPY (Applicant) NSW Trustee and Guardian (Respondent) Representation: Solicitors: R Maytear (Applicant) NSW Trustee and Guardian (Respondent) File Number(s): 2022/302633 Publication restriction: Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act, (2013) the publication of the applicant's name is prohibited.

Reasons for Decsion 1. These proceedings relate to the administrative review of a decision made by the Trustee and Guardian (the Trustee) to sell the applicant's residential strata unit. On 27 April 2021, the Guardianship Division of this Tribunal made a decision committing the estate of the applicant to the Trustee and Guardian (the Trustee). On 29 July 2022, the Trustee made the decision to sell the applicant's strata unit. The applicant presently resides in the unit. On 30 August 2022, having conducted an internal review of the decision, the Trustee affirmed the decision. 2. On 7 October 2022, the applicant made the application for administrative review of the decision to sell the strata unit. On 18 October 2022, the decision to sell the strata unit was stayed by consent of the parties. On 10 March 2023, the proceedings came before me for final hearing. I remitted the decision to the Trustee for further consideration pursuant to s 65 of the Administrative Decisions Review Act 1997 (NSW) (ADR Act). On 12 July 2023, the Trustee again affirmed the decision to sell the property and the applicant pressed her application for administrative review of the new decision. 3. The matter was heard on 5 September 2023 and after the hearing was concluded and the proceedings were reserved, the applicant emailed various documents to the Registry. The applicant was informed that the hearing was concluded, and that the proceedings were reserved and that if she sought to provide further material, she would need to make application on a miscellaneous matters form and identify the basis for seeking to reopen the proceedings. No such application was provided, and I have not considered that material. 4. I have determined to affirm the decision of the Trustee.