CQH (No 2) [2023] NSWCATGD 23

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CQH (No 2) [2023] NSWCATGD 23 Hearing dates: 18 October 2023 Date of orders: 18 October 2023 Decision date: 18 October 2023 Jurisdiction: Guardianship Division Before: C P Fougere, Principal Member M Bain, Senior Member (Professional) K J McIvor, General Member (Community) Decision: The oral request for an adjournment made by the applicant (FZG) is refused. The application for a financial management order for CQH is dismissed after hearing. The application for a guardianship order for CQH is dismissed after hearing. In relation to the enduring power of attorney made by CQH on 11 May 2009 which appointed TNH as attorney(s) the Tribunal determines, orders or declares: not to carry out a review of the operation and effect of the enduring power of attorney. The oral request for an adjournment made by the applicant (FZG) is refused. Catchwords: GUARDIANSHIP – application for guardianship and financial management orders – whether the Tribunal has jurisdiction to make orders where the subject person is now a permanent resident of another state – extraterritorial application of Guardianship Act 1987 (NSW) – rebuttable presumption – no jurisdiction to make orders – applications dismissed REVIEW OF AN ENDURING POWER OF ATTORNEY – application to review the operation and effect of an enduring power of attorney – allegations of mismanagement of the principal's finances by the attorney – no evidence that the attorney is not acting in the principal's interests – no evidence of breach of fiduciary obligations by attorney – decision not to carry out a review of the operation and effect of the enduring power of attorney INTERLOCUTORY – application for an adjournment – procedural fairness – guiding principle in s 36 of the Civil and Administrative Tribunal Act 2013 (NSW) – adjournment not in the subject person's welfare and interests – adjournment request refused Legislation Cited: Guardianship Act 1987 (NSW), ss 4, 4(a) Civil and Administrative Tribunal Act 2013 (NSW), ss 36, 36(1), 38, 38(2), 38(5)(c), 38(6)(a)-(b), 51, 64(1)(d); cl 5(1) of Sch 6 Powers of Attorney Act 2003 (NSW), ss 12(1), 19(1), 33(1)-(2), 36, 36(1), 36(4) Cases Cited: Chi v Roger Fuller Pty Limited [2018] NSWCATAP 95 MGV [2017] NSWCATGD 40 Re Minister for Immigration and Multicultural Affairs; Ex parte Lam [2003] HCA 6; 214 CLR 1 Susan Elizabeth Parker v Margaret Catherine Higgins & Ors [2012] NSWSC 1516 Texts Cited: None cited. Category: Principal judgment Parties: 001: Review of an Enduring Power of Attorney