AEU v NSW Trustee and Guardian [2011] NSWADTAP 59

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: AEU v NSW Trustee and Guardian [2011] NSWADTAP 59 Hearing dates: 21 November 2011 Decision date: 14 December 2011 Jurisdiction: Appeal Panel - External Before: Magistrate N Hennessy, Deputy President J Millar, Judicial Member B Field, Non-Judicial Member Decision: 1. Leave for the appeal to extend to the merits of the Tribunal's decision is refused. 2. The Guardianship Tribunal's decision is affirmed. Catchwords: APPEAL - Appeal on questions of law and on the merits against decision of Guardianship Tribunal appointing the NSW Trustee as financial manager - procedural fairness - adequate opportunity to prepare case - whether legal member biased - appeal dismissed Legislation Cited: Guardianship Act 1987 Administrative Decisions Tribunal Act 1997 Powers of Attorney Act 2003 Cases Cited: Chen Zhen Zi v Minister for Immigration and Ethnic Affairs [1994] FCA 985; (1994) 48 FCR 591 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; (2000) 205 CLR K v K [2000] NSWSC 1052 S v S [2001] NSWSC 146 Re R [2000] NSWSC 886 Category: Principal judgment Parties: AEU (Appellant) NSW Trustee and Guardian (First Respondent) AEV (Second Respondent) AEW (Third Respondent) Guardianship Tribunal (Decision Maker) Representation: AEU (Appellant in person) AEW (Third Respondent in person) File Number(s): 118007 Publication restriction: S 126 of the Administrative Decisions Tribunal Act 1997 applies Decision under appeal Citation: 2011/3393 and 2011/3394 Date of Decision: 2011-06-07 00:00:00 File Number(s): C/47538