BBX v NSW Trustee and Guardian [2013] NSWADTAP 51

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: BBX v NSW Trustee and Guardian [2013] NSWADTAP 51 Hearing dates: 4 November 2013 Decision date: 14 November 2013 Jurisdiction: Appeal Panel - External Before: Magistrate N Hennessy, Deputy President P Molony, Judicial Member Dr B Field, Non-judicial member Decision: The appeal is dismissed. Catchwords: APPEAL - decision of Guardianship Tribunal to make guardianship and financial management orders - whether applicant before Guardianship Tribunal had standing to made the applications and whether Guardianship Tribunal erred by relying on old medical evidence Legislation Cited: Guardianship Act Administrative Decisions Tribunal Act 1997 Category: Principal judgment Parties: BBX (Applicant) BBV (Respondent) NSW Trustee and Guardian Guardianship Tribunal Representation: BBX (Appellant in person) BBY (Respondent in person) File Number(s): 138007 Publication restriction: S126 of the Administrative Decisions Tribunal Act 1997 applies Decision under appeal Citation: 2013/5400; 2013/5401 Date of Decision: 2013-08-21 00:00:00 File Number(s): C/24098

reasons for decision

Introduction 1BBZ has appealed against two decisions of the Guardianship Tribunal made on 21 August 2013. The first decision was to make a guardianship order in relation to him and to appoint the Public Guardian as his guardian for three months. The second decision was to make a financial management order in relation to his estate and to appoint the NSW Trustee and Guardian as his financial manager for three months. BBZ did not appear at the hearing when these orders were made. BBV, a long-term friend of BBZ's but from whom she is now estranged, was the applicant in the Guardianship Tribunal proceedings. 2As well as appealing against the Guardianship Tribunal's orders, BBZ applied for an interlocutory order to prevent the Guardianship Tribunal's orders from having any effect until this Tribunal determined his appeal: Administrative Decisions Tribunal Act 1997 (ADT Act), s 118B(4). That application was refused on 4 November 2013. BBZ and BBV both appeared in person. It was necessary to have a sheriff present to ensure that they did not abuse or threaten one another. I note that BBZ applied for an apprehended personal violence order against BBV on the 12 August 2013. There was no evidence that such an order has been granted. BBV says she has applied for an apprehended violence order against BBZ. We do not know the status of that application. 3Given the extreme animosity between BBZ and BBV exhibited during the application for an interlocutory order, we chose to determine the substantive application on the basis of the Notice of Appeal and written submissions. We are satisfied that the issues can be determined adequately in the absence of the parties: ADT Act, s 76. We are also mindful of the fact that the orders against which BBZ has appealed are due to expire on 21 November 2013. The Guardianship Tribunal has re-listed the matter to determine whether further orders should be to made. That hearing is scheduled for 18 November 2013. 4In those circumstances, directions were made for the parties to file any further submissions or documents in relation to the substantive appeal by 11 November 2013. None were filed. We indicated that we would provide written reasons for our decision before 15 November 2013.