CQH [2023] NSWCATGD 22

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CQH [2023] NSWCATGD 22 Hearing dates: 16 October 2023 Date of orders: 16 October 2023 Decision date: 16 October 2023 Jurisdiction: Guardianship Division Before: C P Fougere, Principal Member Decision: The disclosure to FZG (applicant) of the following material provided by TNH (attorney) is prohibited: 1. Copies of Bank Account 1 in name of CQH (ending in account no. [removed for publication.]) for period 31 March 2023-30 June 2023 and 30 June 2023 - 29 September 2023, including third party access transaction accounts provided on 27 September 2023. 2. Copy of Bank Account 2 in name of CQH (ending in account no. [removed for publication.]) for period 30 June 2023 - 29 September 2023 including third party access transaction accounts provided on 27 September 2023. 3. Copy of Bank Account 3 in name of TNH (ending in account no. [removed for publication]) for period 31 July 2023 - 1 August 2023 and related "EPOA" account from 2 August 2023 - 2 October 2023. 4. List of reimbursements for CQH's private care and expenses and associated receipts. 5. Covering letter from TNH dated 7 October 2023 date stamped as received on 9 October 2023. This order is made under s 64(1)(d) of the Civil and Administrative Tribunal Act 2013. Catchwords: PRACTICE AND PROCEDURE – application for non-disclosure orders in respect of financial documents – whether desirable to make orders under Civil and Administrative Tribunal Act 2013 (NSW), s 64 – consideration of the views of the subject person – order made Legislation Cited: Administrative Decisions Tribunal Act 1997 (NSW), s 75(2) Civil and Administrative Tribunal Act 2013 (NSW), ss 36(1), 38(2), 38(5)(c), 38(6), 64, 64(1), 64(1)(d); cl 5(1) of Sch 6 Guardianship Act 1987 (NSW), ss 4, 4(a), 4(d) Powers of Attorney Act 2003 (NSW), s 36(1) Cases Cited: Bellamy v Bellamy [2018] NSWSC 534 Bettington v Commissioner of Police [2021] NSWCATAP 110 State of New South Wales (Justice Health) v Dezfouli [2008] NSWADTAP 69 Texts Cited: None cited. Category: Procedural rulings Parties: 001: Review of an Enduring Power of Attorney