XA v NSW Trustee and Guardian (External) [2011] NSWADTAP 20

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: XA v NSW Trustee and Guardian (External) [2011] NSWADTAP 20 Hearing dates: 4 March 2011 Decision date: 29 April 2011 Before: Magistrate N Hennessy, Deputy President Ms S Leal, Judicial Member Dr B Field, Non-judicial Member Decision: 1. XA's application for leave for the appeal to proceed on grounds other than a question of law is refused. 2. The Guardianship Tribunal's decision to allow the guardianship order in relation to XB to lapse is affirmed. 3. The Guardianship Tribunal's decision to confirm the appointment of the NSW Trustee and Guardian as XB's financial manager is affirmed. Catchwords: APPEAL - lapsing or revocation of guardianship order - test to be applied - no question of law Legislation Cited: Guardianship Act 1987 Administrative Decisions Tribunal Act 1997 Cases Cited: Holt and Anor v Protective Commissioner (1993) 31 NSWLR 227 IF v IG & Ors [2004] NSWADTAP 3 Ormwave Pty Ltd v Smith [2007] NSWCA 210; 5 DDCR 180 Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Category: Principal judgment Parties: XA (Appellant) XB (First Respondent) NSW Trustee and Guardian (Second Respondent) Guardianship Tribunal (Decision Maker) Representation: XA (Appellant - in person) Dr Frank Ainsworth (Guardian ad litem for First Respondent) NSW Trustee and Guardian (No Appearance) Guardianship Tribunal (Decision Maker - Ms E Cho) File Number(s): 108011 Decision under appeal Date of Decision: 2010-09-24 00:00:00 Before: Ms C Fourgere Ms S Taylor Ms Le Manns File Number(s): File No. C/33625 Matter No 2010/3742