YDL v YDO [2023] NSWCATAP 291

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: YDL v YDO [2023] NSWCATAP 291 Hearing dates: 19 July 2023 Date of orders: 01 November 2023 Decision date: 01 November 2023 Jurisdiction: Appeal Panel Before: I R Coleman SC ADCJ, Principal Member L Organ, Legal Member J Newman, General Member Decision: 1. YDN is joined as an Appellant in the proceedings. 2. The appeals of YDL and YDN are dismissed. Catchwords: Whether Tribunal erred in its consideration of s 36 of the Powers of Attorney Act; whether the Tribunal erred in making an order for financial management pursuant to the Guardianship Act Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) ss 65, 80 Guardianship Act (NSW) s 25P(2) NSW Trustee and Guardian Act 2009 Powers of Attorney Act 2003 (NSW) ss 36 (1), 36(4), 50(3) Cases Cited: Holt & Anor v Protective Commissioner (1993) 31 NSWLR 227 NSW Land and Housing Corporation v Orr [2019] NSWCA 231 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP Ros v Commissioner of Police [2020] NSWCATAP 70 Category: Principal judgment Parties: YDL and YDN (Appellants) YDM (First Respondent) YDO (Second Respondent) Public Guardian (Third Respondent) NSW Trustee and Guardian (Fourth Respondent) Representation: Appellants (Self Represented) First Respondent (No appearance) Submitting appearance (Second Respondent) Submitting appearance (Third Respondent ) Submitting appearance (Fourth Respondent) File Number(s): 2023/00093296 Publication restriction: Decisions of the Appeal Panel in respect of orders of the Guardianship Division of the Tribunal have been anonymized to remove any information that may identify any private person involved in the Tribunal's proceedings. The publication of the name of any of the parties or other people referred to in this decision other than the NSW Trustee and Guardian, NSW Public Guardian, including the publication of any information or other material that identifies them or is likely to lead to their identification, is prohibited: Civil and Administrative Tribunal Act 2013, section 65. Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Guardianship Division Date of Decision: 22 February 2023 Before: S Barnes Senior Member (Legal) Dr J Law, Senior Member (Professional) Dr MA Smith OAM, General Member (Community) File Number(s): 2022/00138943