BEY v NSW Trustee and Guardian [2014] NSWCATAD 87

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BEY v NSW Trustee and Guardian [2014] NSWCATAD 87 Hearing dates: 29 April 2014 Decision date: 03 July 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: L Goodchild, Senior member Decision: The decision under review is affirmed Catchwords: NSW Trustee and Guardian - decision to sell home - best interest - financial management order Legislation Cited: Guardianship Act 1987 NSW Trustee and Guardian Act 2009 Cases Cited: Protective Commissioner v. D & Ors (2004) NSWCA 216 Category: Principal judgment Parties: BEY (Applicant) NSW Trustee and Guardian (Respondent) Representation: BEY (Applicant in person) Ms Stormont NSW Trustee and Guardian (Respondent) File Number(s): 1410056 Publication restriction: S64 Civil and Administrative Tribunal Act 2013

reasons for decision

INTRODUCTION 1These proceedings were commenced by the applicant, BEY, filing an Application for Review of a decision made by the NSW Trustee and Guardian (NSWTG), that a residential property in Sydney owed by BEY's mother should be sold. BEY's mother, Mrs JF, is 88 years old. She has dementia and is living in a nursing home in Western Australia. She has two sons including BEY. Her other son, SF, resides in Western Australia. The property was the family home for many years and the home where Mrs JF resided before she moved to Western Australia in July 2012 and became a resident in nursing home accommodation. 2The decision was made to sell the JF's home by the respondent, NSW NSWTG pursuant to its appointment as financial manager of Mrs JF's financial affairs. 3JF's two sons, sadly, have a hostile relationship. The applicant contends that it is in the best interests of his mother for the property to be leased. The son in Western Australia contends that it is his mother's wish is for the property to be sold and he supports that course.