GDR v NSW Trustee and Guardian [2024] NSWCATAD 211

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: GDR v NSW Trustee and Guardian [2024] NSWCATAD 211 Hearing dates: On the papers Date of orders: 30 July 2024 Decision date: 30 July 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: P H Molony, Senior Member Decision: (1) A hearing with respect to the applicant's request for confidentiality orders and the respondent's application for summary dismissal is dispensed with. (2) The disclosure and publication of the applicant's name is prohibited under s 64 of the Civil and Administrative Tribunal Act 2013. (3) The applicant's name shall be anonymised for the purpose of these proceedings. (4) The application for administrative review is dismissed under s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 on the grounds that it is misconceived and lacking in substance. Catchwords: ADMINISTRATIVE LAW – administrative review of a decision by NSW Trustee and Guardian under Division 2 Part 4.5 of the NSW Trustee and Guardian Act 2009 to approve appointed manager's sale of managed persons real property – financial management order revoked after internal review decision – NCAT cannot make orders on review under s 63 of the Administrative Decisions Review Act 1997 because estate no longer under management – proceedings dismissed under s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 as misconceived and lacking in substance. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 Guardianship Act 1987 (NSW) NSW Trustee and Guardian Act 2009 (NSW) Protected Estates Act 1983 (NSW) (Repealed) Cases Cited: Attorney-General v Wentworth (1988) 14 NSWLR 481 BDK v Department of Education and Communities [2015] NSWCATAP 129 BNI v NSW Trustee and Guardian [2015] NSWCATAD 69 Choi v University of Technology Sydney [2019] NSWCATAD 176 CCP v NSW Trustee and Guardian [2015] NSWCATAD 256 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 DRJ v Commissioner of Victims Rights [2020] NSWCA 136 Misrachi v The Public Guardian [2019] NSWCA 67 The Owners – Strata Plan No. 92334 v Piety Capital Pty Ltd [2019] NSWCATCD 22 State Electricity Commission of Victoria v Rabel [1998] 1 VR 102 State of NSW (Justice Health) v Dezfouli [2021] NSWADTAP 69 Re R [2014] NSWSC 1810 Texts Cited: None Category: Principal judgment Parties: Applicant: GDR Respondent: NSW Trustee and Guardian Representation: Applicant: (Self-represented) Respondent: R Stormont File Number(s): 2024/00025631 Publication restriction: Section 64 order prohibiting disclosure or publication of the applicant's name.