AOS v NSW Trustee and Guardian [2013] NSWADTAP 33

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: AOS v NSW Trustee and Guardian [2013] NSWADTAP 33 Hearing dates: 7 May 2013 Decision date: 22 July 2013 Jurisdiction: Appeal Panel - External Before: Magistrate N Hennessy, Deputy President L Goodchild, Judicial Member A Wunsch, Non-Judicial Member Decision: 1. Leave to appeal on a ground other than a question of law is refused. 2. The Guardianship Tribunal's decision to appoint the NSW Trustee as AOS's financial manager is affirmed. Catchwords: APPEAL - Guardianship Tribunal decision to appoint NSW Trustee as financial manager of woman with brain injury - whether Tribunal made an error of law by not suggesting an adjournment - by not following principles for appointment of financial manager or by giving inadequate reasons - whether to grant leave to appeal on other grounds Legislation Cited: Administrative Decisions Tribunal Act 1997 Guardianship Act 1987 Cases Cited: SH v Protective Commissioner [2006] NSWADTAP 4 R v Australian Broadcasting Tribunal; ex parte Hardiman [1980] HCA 13; (1980) 144 CLR 13 EB & Ors v Guardianship Tribunal [2011] NSWSC 767 Sullivan v Department of Transport (1978) 20 ALR 323 per Deane J; AJF v NSW Trustee and Guardian [2012] NSWADTAP 28 Holt v Protective Commissioner (1993) 31 NSWLR 227 House v King [1936] HCA 40; (1936) 55 CLR 499 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Absolon v NSW TAFE [1999] NSWCA 311 K v K [2000] NSWSC 1052 S v S [2001] NSWSC 146 Re R [2000] NSWSC 886 Category: Principal judgment Parties: AOS (Appellant) NSW Trustee and Guardian (Respondent 1) AOT (Respondent 2) AOU (Respondent 3) Guardianship Tribunal Representation: Carroll & O'Dea Lawyers (Appellant) Crown Solicitors Office (Counsel Assisting) A. Sprouster (Guardianship Tribunal) File Number(s): 138003 Publication restriction: S126 of the Administrative Decisions Tribunal Act Decision under appeal Citation: 2012/8291 2012/8292 Date of Decision: 2012-11-30 00:00:00 File Number(s): C/51681