NSW Caselaw
NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: KXI [2023] NSWCATGD 20 Hearing dates: 28 September 2023 Date of orders: 21 November 2023 Decision date: 21 November 2023 Jurisdiction: Guardianship Division Before: A Britton, Deputy President Decision: Pursuant to s 63 of the Civil and Administrative Tribunal Act 2013 (NSW) I direct the registrar to alter the text of the notice of the decision made by the Guardianship Tribunal of NSW on 28 February 2013 and the statement of reasons for that decision, by substituting the name "Peter" with the name "Peta". Catchwords: PRACTICE AND PROCEDURE – power to correct obvious errors in decisions – s 63 of the Civil and Administrative Tribunal Act 2013 (NSW) – NCAT's power to correct an order made by NSW Guardianship Tribunal, one of NCAT's predecessor Tribunals – transitional provisions – an order made by the Guardianship Tribunal is taken to be an order made by NCAT – exercise of discretion to correct spelling of the subject person's name – order made Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 7(1), 63, 63(3)(e); Sch 1, cls 2-3; Sch 1, cl 8; Sch 1, cl 9(2); Sch 1, cl 9(3)(a); Sch 1, cl 14; Sch 2, cl 12(1); Div 3, sub-div 5, cl 14 Guardianship Act 1987 (NSW), s 25D Cases Cited: L Shaddock & Associates Pty Ltd v Parramatta City Council (No 2) [1982] HCA 59; (1982) 151 CLR 590 Texts Cited: None cited. Category: Principal judgment Parties: 002: Review or Revoke Financial Management Order
KXI aka Peter Smith (the person) NSW Trustee and Guardian (appointed financial manager) Representation: Nil. File Number(s): NCAT 2012/00404437 Publication restriction: Pursuant to s 65 of the Civil and Administrative Tribunal Act 2013 (NSW), 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.
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