YFG v YFH [2023] NSWCATAP 313

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: YFG v YFH [2023] NSWCATAP 313 Hearing dates: 19 October 2023 Date of orders: 24 November 2023 Decision date: 24 November 2023 Jurisdiction: Appeal Panel Before: I Coleman SC ADCJ, Principal Member A Boxall, Senior Member M Bolt, General Member Decision: The appeal is dismissed. Catchwords: MENTAL HEALTH — Management of estate — Administration by another person — Review by NSW Civil and Administrative Tribunal Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) ss36, 38 and 80 Civil and Administrative Tribunal Rules 2014 r25 Guardianship Act 1987 (NSW) ss 4, 25P and 25U Cases Cited: Bauskis v Liew [2013] NSWCA 297 BPY v BZQ [2015] NSWCATAP 33 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Edwards v Noble (1971) 125 CLR 296; [1971] HCA 54 Hamod v State of New South Wales [2011] NSWCA 375 House v The King [1936] HCA 40; 55 CLR 499 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 P v NSW Trustee and Guardian [2015] NSWSC 579 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 SZTOG v Minister for Immigration and Border Protection [2018] FCA 112 ZNX v ZNY [2020] NSWCATAP 41 Texts Cited: None cited Category: Principal judgment Parties: YFG (Appellant) YFH (First Respondent) YFI (Second Respondent) YFJ (Third Respondent) Public Guardian (Fourth Respondent) NSW Trustee and Guardian (Fifth Respondent) YFK (Sixth Respondent) Representation: [Appellant's Husband] was given leave to represent the Appellant as her agent (Appellant) File Number(s): AP 2023/00165246 Publication restriction: Pursuant to section 65 of the Civil and Administrative Tribunal Act 2013, a person must not without the consent of the Tribunal, publish or broadcast the name of any person who appears as a witness in these proceedings, to whom these proceedings relate, or is mentioned or otherwise involved in the proceedings. The name of a person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person. The provision of these reasons (with persons identified) is not intended to be a publication or broadcasting of an official report of the proceedings. Decision under appeal Court or tribunal: New South Wales Civil and Administrative Tribunal Jurisdiction: Guardianship Division Date of Decision: 09 May 2023 Before: Senior Member J D'Arcy File Number(s): 2020/00078214-012 and -013