GGN v NSW Trustee and Guardian [2024] NSWCATAD 277

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: GGN v NSW Trustee and Guardian [2024] NSWCATAD 277 Hearing dates: 9 August 2024 Date of orders: 19 September 2024 Decision date: 19 September 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: R Bailey, Senior Member Decision: The decision of the NSW Trustee and Guardian dated 9 February 2024 is affirmed. Catchwords: Administrative Law Merits Review - where NSW Trustee and Guardian decided to approve the sale of two properties of a person who is the subject of a financial management order- two properties- separate family members are named as beneficiaries of a property each in the protected person's Will- protected person has insufficient income to pay her bills- will and preference of the protected person- nephew occupies one of the properties - objection to sale– paramount consideration is the welfare and interests of the person subject to the financial management order – correct and preferable decision 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) Powers of Attorney Act Cases Cited: Drake v Minister for Immigration and Ethnic Affairs (1979) 2 ALD 60; [1979] FCA 39 McDonald v Guardianship and Administration Board [1993] Vic Rp 36; [1993] 1 VR 521 YG and GG v Minister for Community Services [2002] NSWCA 247 Category: Principal judgment Parties: GGN (First Applicant) GHA (Second Applicant) NSW Trustee and Guardian (First Respondent) GHJ (Second Respondent) Representation: Counsel: R D Turnbull (First and Second Applicant) R Stormont (First Respondent)