UE and UD v NSW Trustee and Guardian No 2 [2011] NSWADT 200

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: UE and UD v NSW Trustee and Guardian No 2 [2011] NSWADT 200 Hearing dates: 8 August 2011 Decision date: 19 August 2011 Jurisdiction: General Division Before: P H Molony, Judicial member Decision: Set aside the decision under review and instead determine to retain, register and maintain UF's vehicle (at the expenses of UF's estate) subject the following conditions - a) That the vehicle will not be driven until the Trustee advises, in writing, that it has been re-registered and insured. b) That those of UF's children, who wish to drive the vehicle, advise the Trustee, on request, of details necessary to affect insurance. c) That, when the vehicle is not being used, it will be garaged at the UF's family home and not parked in the street in front of the house. c) That, for each trip taken in the vehicle by UF's children, the driver of the vehicle will complete a logbook (to be kept in the glove box of the vehicle) in which will be recorded the name of the driver, starting and finishing odometer readings, a brief statement of the purpose of the trip, and whether UF was in the vehicle. d) That copies of the completed logbook will be sent to the Trustee every six months. e) That UD will arrange for registration inspections of the Corolla and provide the inspection papers to the Trustee (any necessary repairs to be paid for by the estate) f) That the persons who drive the vehicle be responsible for filling it with petrol and oil, at their cost, whenever the vehicles fuel tank shows it is half empty. Catchwords: NSW Trustee and Guardian and Guardian - protected person - sale or retention of motor vehicle Legislation Cited: Administrative Decisions Tribunal Act 1997 NSW Trustee and Guardian Act 2009 Cases Cited: Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 UA v NSW Trustee and Guardian, UD, UE and UF [2010] NSWADTAP 62 UE & UD v NSW Trustee and Guardian [2011] NSWADT 150 Category: Principal judgment Parties: UE and UD ( Applicants) NSW Trustee and Guardian (Respondent) UA (Joined Applicant ) Representation: AFA (Applicant, agent) R Stormont, Legal Officer (Respondent) UA (Joined Applicant, in person) File Number(s): 113178