AAD v NSW Trustee and Guardian, AAE, AAF, AAG (External) [2011] NSWADTAP 18

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: AAD v NSW Trustee and Guardian, AAE, AAF, AAG (External) [2011] NSWADTAP 18 Hearing dates: 14 April 2011 Decision date: 21 April 2011 Before: Magistrate N Hennessy, Deputy President Ms S Leal, Judicial Member Dr B Field, Non-Judicial Member Decision: 1. The decision of the Guardianship Tribunal to dismiss AAD's application for a financial management order is set aside. 2. The matter is remitted to be heard and decided again with the hearing of further evidence from Dr Lucas. Catchwords: APPEAL - question of law - inadequate reasons - failure to refer to critical inconsistent evidence Legislation Cited: Guardianship Act 1987 Administrative Decisions Tribunal Act 1998 Powers of Attorney Act 2003 Cases Cited: Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR Pettitt v Dunkley [1971] 1 NSWLR 376 Public Service Board of New South Wales v Osmond [1986] HCA 7; (1986) 159 CLR 656 Absolon v NSW TAFE [1999] NSWCA 311 Beale v GIO (1997) 48 NSWLR 430 Mifsud v Campbell (1991) 21 NSWLR 725 Bar-Morecai v Rotman [2000] NSWCA 123 K v K [2000] NSWSC 1052 S v S [2001] NSWSC 146 Re R [2000] NSWSC 886 Category: Principal judgment Parties: AAD (Appellant) NSW Trustee and Guardian (First Respondent) AAE (Second Respondent) AAF (Third Respondent) AAG (Fourth Respondent) Representation: AAD (Appellant in person) John Edmunds, Solicitor (2nd and 3rd and 4th Respondents) File Number(s): 108012 Publication restriction: S126 of the Administrative Decisions Tribunal Act 1997 applies Decision under appeal Citation: 2010/5703 Date of Decision: 2010-10-14 00:00:00 Before: J Redfern S Flanagan J Fraser File Number(s): C/45583