YKJ v YKL [2024] NSWCATAP 188

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: YKJ v YKL [2024] NSWCATAP 188 Hearing dates: 8 August 2024 Date of orders: 01 October 2024 Decision date: 01 October 2024 Jurisdiction: Appeal Panel Before: Seiden SC DCJ, Deputy President A Britton, Deputy President Dr B McPhee, Senior Member Decision: (1) Pursuant to section 65 of the Civil and Administrative Tribunal Act 2013, a person must not without the consent of the Tribunal, publish or broadcast the name of any person who appears as a witness in these proceedings, to whom these proceedings relate, or is mentioned or otherwise involved in the proceedings. The name of a person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person. The provision of these reasons (with persons identified) is not intended to be a publication or broadcasting of an official report of the proceedings. (2) The parties are to be referred to by the pseudonyms set out in these Reasons for Decision. (3) Leave to appeal is refused. (4) The appeal is dismissed. Catchwords: APPEALS — internal appeal from Guardianship Division — financial management order made — s 25M of the Guardianship Act — where management of estate committed to NSW Trustee and Guardian — whether statutory requirement to exhaust possibility there was no private person suitable to manage estate — whether Tribunal misconstrued statute or asked itself wrong question by failing to be satisfied there was no private person suitable — procedural fairness — whether family member was suitable to be financial manager Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Guardianship Act 1987 (NSW) Powers of Attorney Act 2003 (NSW) Cases Cited: Boreland v Brewis [2024] NSWCATAP 140 Craig v State of South Australia (1995) 184 CLR 163; [1995] HCA 58 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123; [2018] HCA 34 Imbree v Chief Commissioner of State Revenue [2024] NSWCATAP 158 Kirk v Industrial Relations Commission of New South Wales (2010) 239 CLR 531; [2010] HCA 1 Kudrynski v Orange City Council [2024] NSWCA 33 MZAPC v Minister for Immigration and Border Protection (2021) 273 CLR 50; [2021] HCA 17 Nathanson v Minister for Home Affairs [2022] HCA 26 YHY v YHZ [2024] NSWCATAP 117 YJC v Public Guardian [2024] NSWCATAP 160 ZGM v ZGN [2018] NSWCATAP 101 ZXH v ZXI [2022] NSWCATAP 269 Texts Cited: Nil Category: Principal judgment Parties: YKJ (appellant) YKL (first respondent) NSW Trustee and Guardian (second respondent) YKN (third respondent) YKP (fourth respondent) YKO (fifth respondent) YKM (sixth respondent) Representation: Appellant (self-represented) C Fallon (Advocate from First Peoples Disability Network Australia Ltd) (first respondent) Second Respondent (no appearance) Third respondent (no appearance) Fourth respondent (no appearance) Fifth respondent (self-represented) Sixth respondent (no appearance) File Number(s): 2024/00131285 Publication restriction: (1) Pursuant to section 65 of the Civil and Administrative Tribunal Act 2013, a person must not without the consent of the Tribunal, publish or broadcast the name of any person who appears as a witness in these proceedings, to whom these proceedings relate, or is mentioned or otherwise involved in the proceedings. The name of a person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person. The provision of these reasons (with persons identified) is not intended to be a publication or broadcasting of an official report of the proceedings.