YHE v YHF [2024] NSWCATAP 95

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: YHE v YHF [2024] NSWCATAP 95 Hearing dates: 1 February 2024 Date of orders: 29 May 2024 Decision date: 29 May 2024 Jurisdiction: Appeal Panel Before: A Britton, Deputy President A Boxall, Senior Member M Bolt, General Member Decision: (1) Leave to appeal is refused. (2) The Appeal Panel declines to exercise the discretion under s 80(3) of the Civil and Administrative Tribunal Act 2013 (NSW) to deal with, by way of a new hearing, the appeal against the decision made by the Tribunal on 6 September 2023. (3) Appeal is dismissed. Catchwords: GUARDIANSHIP — financial management — review of appointment of private manager of protected person — whether it is in the best interests of protected person that the appointment of manager be revoked GUARDIANSHIP — financial management —whether the decision that it is in the best interests of protected person that the appointment of the manager be revoked was irrational or illogical and not based on findings or inferences of fact supported by logical grounds GUARDIANSHIP — financial management —fiduciary obligations of manager — scope of authority of manager — manager subject to authorities and directions of NSW Trustee and Guardian APPEALS — Appeal to Appeal Panel from Guardianship Division of NSW Civil and Administrative Tribunal — role of Appeal Panel in determining whether appeal raises question of law Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 80(2)(b), 80(3); cl 5(1) of Sch 6 Guardianship Act 1987 (NSW), ss 4, 4(a), 4(d), 4(g), 25(2)(b), 25D, 25E(1)-(2), 25G, 25M, 25M(1)(a)-(b), 25M(2)(b), 25M(3), 25N(4), 25R, 25R(c), 25S(1)(b)(i), 25U, 33A; Pt 3A, Divs 1-3 of Pt 3A NSW Trustee and Guardian Act 2009 (NSW), ss 66, 66(1)(b), 71(1), 76, 76(1)(a)-(b), 115; Div 2 of Pt 4.5 Cases Cited: Ability One Financial Management Pty Ltd and Anor v JB by his Tutor AB [2014] NSWSC 245 Anderson v Director-General of the Department of Environment and Climate Change [2008] NSWCA 337;(2008) 251 ALR 633 BPY v BZQ [2015] NSWCATAP 33 C v W [2015] NSWSC 1774 Collins v Urban [2014] NSWCATAP 17 Duncan v Independent Commission against Corruption [2016] NSWCA 143 Ferella & Anor v Chief Commissioner of State Revenue [2014] NSWCA 378 GDR v EKR [2012] NSWSC 1543 Gell v Gell (2005) 63 NSWLR 547 Haritos v Commissioner of Taxation [2015] FCAFC 92; (2015) 233 FCR 315 Health Care Complaints Commission v Sultan [2018] NSWCA 303 Islam v Cash [2015] FCA 815; (2015) 148 ALD 132 Kudrynski v Orange City Council [2024] NSWCA 33 M v M [2013] NSWSC 1495 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; 240 CLR 611 P v NSW Trustee and Guardian [2015] NSWSC 579 Schwartz Family Co Pty Ltd v Capitol Carpets Pty Ltd [2017] NSWCA 223 Williams v Minister for the Environment and Heritage [2003] FCA 535; (2003) 74 ALD 124 Woodward v Woodward [2015] NSWSC 1793 ZII v ZIJ [2018] NSWCATAP 255 Texts Cited: None cited Category: Principal judgment Parties: YHE (Appellant) YHF (First Respondent) NSW Trustee and Guardian (Second Respondent) Representation: Appellant (self-represented) J Lawrence (Separate Representative) (First Respondent) Second Respondent (no appearance) File Number(s): 2023/00326998 Publication restriction: Pursuant to s 65(1) of the Civil and Administrative Tribunal Act 2013 (NSW), the publication of the name of any of the parties or other people referred to in this decision including the publication of any information, picture or other material that identifies them or is likely to lead to their identification is prohibited. Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Guardianship Division Citation: N/A Date of Decision: 6 September 2023 Before: J D'Arcy, Senior Member (Legal) File Number(s): 2022/00148434