NSW Trustee and Guardian v FYV [2024] NSWCATAP 243

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NSW Trustee and Guardian v FYV [2024] NSWCATAP 243 Hearing dates: 21 June 2024 Written submissions: 2 July 2024; 11 July 2024 (x 2); 15 July 2024 Date of orders: 28 November 2024 Decision date: 28 November 2024 Jurisdiction: Appeal Panel Before: A Britton, Deputy President A Suthers, Principal Member Decision: (1) Appeal is allowed. (2) The decision made by the NSW Trustee and Guardian on 7 June 2023 to sell the Aunt's property is affirmed. Catchwords: ADMINISTRATIVE LAW –– NSW Civil and Administrative Tribunal –– administrative review under Administrative Decisions Review Act 1997 (NSW) of decision made by NSW Trustee and Guardian –– principles governing decisions made under NSW Trustee and Guardian Act 2009 (NSW) APPEALS –– whether the Tribunal failed to have regard to a "substantial, clearly articulated argument" Legislation Cited: Administrative Decisions Review Act 1997 (NSW), ss 53, 58, 63, 63(1)-(3) Civil and Administrative Tribunal Act 2013 (NSW), ss 32(1), 32(4), 50(2), 80(2)(b), 81 Guardianship Act 1987 (NSW), s 25M NSW Trustee and Guardian Act 2009 (NSW), ss 39, 39(a), 56, 62(1)-(2); Div 1 of Pt 4.5; Ch 4 Powers of Attorney Act 2003 (NSW), s 37 Cases Cited: Donaghy v The Council of the Law Society of New South Wales [2013] NSWCA 154 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26 (2003); 77 ALJR 1088 FYV v NSW Trustee and Guardian [2024] NSWCATAD 54 Gautam v Health Care Complaints Commission [2021] NSWCA 85 P v NSW Trustee and Guardian [2015] NSWSC 579 Youssef v NSW Legal Services Commissioner [2020] NSWCATOD 85 Texts Cited: Nil Category: Principal judgment Parties: NSW Trustee and Guardian (appellant) FVY (First Respondent) GBZ (Second Respondent) CGA (Third Respondent) GCH (Fourth Respondent) Representation: NSW Trustee and Guardian (Solicitor for NSW Trustee and Guardian) First Respondent (self-represented) Second Respondent (self-represented) Third Respondent (self-represented) Fourth Respondent (self-represented) File Number(s): 2024/00116708 Publication restriction: The disclosure of the name of the Aunt who is the subject of these proceedings and the First, Second, Third and Fourth Respondents is prohibited under section 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW).