FX v NSW Trustee and Guardian (GD) [2009] NSWADTAP 61

Appeal Panel - Internal

CITATION: FX v NSW Trustee and Guardian (GD) [2009] NSWADTAP 61

FIRST APPELLANT FX

PARTIES: SECOND APPELLANT FW

RESPONDENT NSW Trustee and Guardian

FILE NUMBER: 099007

HEARING DATES: 14 October 2009

SUBMISSIONS CLOSED: 14 October 2009

DATE OF DECISION: 23 October 2009

BEFORE: O'Connor K - DCJ (President); Leal S - Judicial Member; Field B - Non-Judicial Member

CATCHWORDS: Protected Person - Decision to Sell Business - Appeal - New Material - Extended to Merits - Appeal Allowed

DECISION UNDER APPEAL: FW and FX v Protective Commissioner [2009] NSWADT 36

FILE NUMBER UNDER APPEAL: 083133

DATE OF DECISION UNDER APPEAL: 02/19/2009

LEGISLATION CITED : Administrative Decisions Tribunal Act 1997

CASES CITED: FW and FX v Protective Commissioner [2009] NSWADT 36

FIRST APPELLANT In person

REPRESENTATION: SECOND APPELLANT –

RESPONDENT T Tunbridge, legal officer

1. Leave to extend the appeal to the merits granted. ORDERS: 2. Appeal allowed. 3. Decision of NSW Trustee to wind up the protected person's farming business set aside.

REASONS FOR DECISION

1 The NSW Trustee and Guardian ('NSW Trustee') (formerly Protective Commissioner) has, since 17 April 2002, been the financial manager of the affairs of a protected person, FW. FW and her son, FX, each own a half share in a farm. She is the owner of the business of the farm.