IEI [2014] NSWCATGD 12

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: IEI [2014] NSWCATGD 12 Hearing dates: 19 June 2014 Decision date: 19 June 2014 Jurisdiction: Guardianship Division Before: Sheedy T, Senior Member (Legal) McAuliffe J, Senior Member (Professional) Spencer M, General Member (Community) Decision: Enduring power of attorney dated 4 February 2009 reviewed but no order made; application dismissed. Enduring power of attorney dated 26 May 2010 revoked. Catchwords: ENDURING POWER OF ATTORNEY - joint and several attorneys - obligations of an attorney to keep accounts - whether attorney has a positive duty to act - conflict between attorneys - whether continued operation in best interests of principal. Legislation Cited: Powers of Attorney Act 2003 (NSW) Cases Cited: Susan Elizabeth Parker v Margaret Catherine Higgins [2012] NSWSC 1516 Dynaski v Grant [2004] NSWSC 1187 at [19] Breen v Williams (1996) 186 CLR 71 at [113] Attorney General v Blake [1998] Ch 439 at [455] Texts Cited: G E Dal Pont, Law of Agency (3rd ed) at 10.8 G E Dal Pont, Powers of Attorney (Lexis Nexis, 2011) at 195 O'Neill and Peisah, 'Enduring Powers of Attorney' in Capacity and the Law (SydUPLawbk 12, 2011) Category: Principal judgment Parties: Mrs IEI Mr MHI (Applicant and an Attorney appointed under an Enduring Power of Attorney) Mrs NHL (Attorney appointed under an Enduring Power of Attorney) Mr NBI (Person that the Tribunal has joined as a Party to the hearing) Mr KAI (Person that the Tribunal has joined as a Party to the hearing) File Number(s): 53751 Publication restriction: Decisions of the Guardianship Division of the Civil and Administrative Tribunal have been anonymised to remove any information that may identify any person involved in the Tribunal's proceedings (s 65, Civil and Administrative Tribunal Act 2013 (NSW)).