FYV v NSW Trustee and Guardian [2024] NSWCATAD 54

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FYV v NSW Trustee and Guardian [2024] NSWCATAD 54 Hearing dates: 1 December 2023 Date of orders: 29 February 2024 Decision date: 29 February 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: J S Currie, Senior Member Decision: The decision of NSW Trustee and Guardian which is under review is set aside and the matter is remitted for reconsideration by NSW Trustee and Guardian in accordance with the recommendations made at the conclusion of the reasons for decision. Catchwords: ADMINISTRATIVE LAW - merits review - NSW Trustee and Guardian - management of estate of person with a disability - Trustee's decision to sell former family residence - objection by some family members - proposal for "reverse-mortgage" arrangement - principle of preservation of estate - Trustee's duty to act in protected person's welfare and interests and related principles including views of the person: NSW Trustee and Guardian Act, section 39 Legislation Cited: Administrative Decisions Review Act 1997 (NSW), ss 58, 63 Guardianship Act 1987 (NSW), s 4 NSW Trustee and Guardian Act 2009 (NSW), s 5, Chapter 4, ss 38, 39 Protected Estates Act 1983 (NSW) (Repealed) Cases Cited: Drake v Minister of Immigration and Ethnic Affairs (1979) 2 ALD 60 DYH v Public Guardian [2021] NSWCATAD 136 Protective Commissioner v D & Others [2004] NSWCA 216 WL v NSW Trustee and Guardian [2011] NSWADTAP 22 YFM v Public Guardian [2023] NSWCATAP 266 Category: Principal judgment Parties: FYV (Applicant) NSW Trustee and Guardian (First Respondent) GBZ (Second Respondent) GCA (Third Respondent) GCH (Fourth Respondent) Representation: Applicant (self-represented) Crown Solicitor (First Respondent) Second Respondent (self-represented) Third Respondent (self-represented) Fourth Respondent (self-represented) File Number(s): 2023/00281493 Publication restriction: The disclosure of the names of the person with a disability who is the subject of these proceedings, the Applicant, the Second Respondent, the Third Respondent and the Fourth Respondent is prohibited under section 64(1)(a) of the Civil and Administrative Tribunal Act 2013. Note: The name of each such person includes a reference to any information, picture or other material that identifies them or is likely to lead to identification of them.