GCR v NSW Trustee and Guardian [2024] NSWCATAD 130

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: GCR v NSW Trustee and Guardian [2024] NSWCATAD 130 Hearing dates: 12 April 2024 Date of orders: 20 May 2024 Decision date: 20 May 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: L Bryant, Senior Member Decision: Decision of NSW Trustee and Guardian is affirmed. Catchwords: ADMINISTRATIVE LAW – review of decision made under NSW Trustee and Guardian Act 2009 – interests and welfare of protected person – decision to decline payment of airfares from UK for granddaughter and two great granddaughters from protected estate to visit protected person in Australia – whether a "gift" under section 76 – whether made in compliance with general principles in NSW Trustee and Guardian Act 2009, section 39 – greater weight to principle 39(e) where high level of family conflict Legislation Cited: Administrative Decisions Review Act 1997 (NSW), ss 9, 63, 65 Civil and Administrative Tribunal Act 2013 (NSW), s 30 Guardianship Act 1987 (NSW), s 4 Guardianship and Administration Act 2019 (Vic) ss 3(1), 47 NSW Trustee and Guardian Act 2009 (NSW) ss 39, 59, 62, 70, 76 Powers of Attorney Act 2003 (NSW) Schedule 3 Cases Cited: Drake v Minister of Immigration and Ethnic Affairs (1979) 2 ALD 60; [1979] FCA 39 G v G (No. 2) [2020] NSWSC 818 Re PDC [2021] NSWSC 1701 Shi v Migration Agents Registration Authority (2008) 235 CLR 286; [2008] HCA 31 Texts Cited: Professor Gino Dal Pont, Powers of Attorney, 2nd Ed 2014 Category: Principal judgment Parties: GCR (Applicant) NSW Trustee and Guardian (Respondent) Representation: Applicant (self-represented) R Stormont (NSW Trustee and Guardian) (Respondent) File Number(s): 2023/00448306 Publication restriction: Publication of the name of the Applicant (GCR), or the managed person (Mrs X) is prohibited. Note: A reference to 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.