GPQ v NSW Trustee and Guardian [2025] NSWCATAD 26

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: GPQ v NSW Trustee and Guardian [2025] NSWCATAD 26 Hearing dates: 8 November 2024 Date of orders: 22 January 2025 Decision date: 22 January 2025 Jurisdiction: Administrative and Equal Opportunity Division Before: K Ransome, Principal Member Decision: The decision under review is affirmed. Catchwords: ADMINISTRATIVE LAW – person under financial management order – whether gift to grandson should be approved – capacity of person to make gift – relevance of history and other circumstances in absence of capacity Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 NSW Trustee and Guardian Act 2009 NSW Trustee and Guardian Regulation 2017 Cases Cited: Tannous v Commissioner of Police [2011] NSWADT 116 Texts Cited: Nil Category: Principal judgment Parties: GPQ (Applicant) GVR (Interested party) NSW Trustee and Guardian (Respondent) Representation: GPQ and GVR (self-represented)

Solicitor: Trustee and Guardian (Respondent) File Number(s): 2024/00318678 Publication restriction: The publication of the name of the applicant or any other person mentioned in these Reasons for Decision is prohibited pursuant to Section 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW).

REASONS FOR DECISION 1. This matter concerns a decision made by the NSW Trustee and Guardian (NSW Trustee) to decline to provide $5,000 from the funds of the estate of the protected person to the son of the applicant, GPQ, as a contribution towards or as a gift for his upcoming wedding. An order was made at the hearing joining GPQ's son as an interested party to the proceedings and he has been given the pseudonym GVR. The protected person is the father of GPQ and grandfather of GVR. 2. Orders have previously been made under s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 restricting the publication of the name of the parties and the protected person. 3. GPQ and GVR have sought review of the decision to decline to provide GVR with $5,000 as a gift from the protected person's estate.