Re C (No. 2) [2012] NSWSC 1351

Supreme Court New South Wales

Medium Neutral Citation: Re C (No. 2) [2012] NSWSC 1351 Hearing dates: 2 November 2012 Decision date: 02 November 2012 Before: White J Decision: Refer to paras [38] and [39] of judgment. Catchwords: GUARDIANSHIP - accommodation of protected person - applications by daughter of protected person - application that NSW Trustee and Guardian release funds from protected person's assets for accommodation of protected person - court will not replace the decision of NSW Trustee and Guardian with its own decision - application for NSW Trustee and Guardian to immediately make decision regarding proposal for accommodation of protected person - delay in making decision regarding previous accommodation proposal - decision must be made in accordance with principles in Guardianship Act 1987 (NSW), s 4 - order that decision be made promptly - application that questions of protected person's accommodation be decided by protected person's daughter alone or jointly with Public Guardian - Guardianship Tribunal already decided that Public Guardian make accommodation decisions - previous application to remove Public Guardian dismissed - application for order that accommodation decisions be made jointly refused Legislation Cited: Guardianship Act 1987 (NSW) Administrative Decisions Tribunal Act 1997 (NSW) Cases Cited: Re C [2012] NSWSC 1097 S v S [2001] NSWSC 146 PZ v NSW Trustee and Guardian [2011] NSWADT 48 TF v PZ (GD) [2011] NSWADTAP 33 Category: Interlocutory applications Parties: Plaintiff NSW Trustee and Guardian (1st Defendant) Public Guardian (2nd Defendant) 3rd Defendant 4th Defendant Representation: Counsel: In Person (Plaintiff) Dr J Lucy (1st & 2nd Defendants) In Person (3rd Defendant) In Person (4th Defendant) Solicitors: Crown Solicitor (1st & 2nd Defendants) File Number(s): 2012/206438