AOJ v NSW Trustee and Guardian [2013] NSWADTAP 38

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: AOJ v NSW Trustee and Guardian [2013] NSWADTAP 38 Hearing dates: 30 May 2013 Decision date: 02 August 2013 Jurisdiction: Appeal Panel - External Before: Magistrate N Hennessy, Deputy President Ms S Leal, Judicial Member Dr B Field, Non-judicial Member Decision: 1. The order of the Guardianship Tribunal committing the management of AOL's estate to the NSW Trustee is affirmed. 2. Leave is refused for the appeal to be made on any ground other than a question of law. Catchwords: APPEAL - discretion to appoint suitable person or NSW Trustee as financial manager - whether discretion exercised lawfully - whether facts supported finding of 'major' conflict of interest Legislation Cited: Administrative Decisions Tribunal Act 1997 Guardianship Act 1987 Cases Cited: Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Holt v Protective Commissioner (1993) 31 NSWLR 227 House v King [1936] HCA 40 K v K [2000] NSWSC 1052 R v Australian Broadcasting Tribunal; ex parte Hardiman [1980] HCA 13; (1980) 144 CLR 13 Re R [2000] NSWSC 886 S v S [2001] NSWSC 146 SH v Protective Commissioner [2006] NSWADTAP 4 Category: Principal judgment Parties: AOJ (Appellant) NSW Trustee and Guardian (First Respondent) AOK (Second Respondent) AOL (Third Respondent) Guardianship Tribunal (Decision maker) Representation: Counsel M McCall (Appellant) S Gardiner (Third Respondent) G Kee, APJ Law (Appellant) No appearance (First Respondent) No appearance (Second Respondent) James McCaffrey and Associates (for GAL - L Fisher - for Third Respondent) A Sprouster, legal officer (Guardianship Tribunal) File Number(s): 138002 Decision under appeal Citation: 2012/1329; 2012/8147 Date of Decision: 2012-11-21 00:00:00 Before: Guardianship Tribunal File Number(s): C/48281