EGS [2014] NSWCATGD 18

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EGS [2014] NSWCATGD 18 Hearing dates: 18 March 2014 Decision date: 18 March 2014 Jurisdiction: Guardianship Division Before: Gurr R, Senior Member (Legal) McPhee B, Senior Member (Professional) Koussa J, General Member (Community) Decision: Determination not to carry out a review of enduring power of attorney. Decision to refuse to conduct review of financial management order and decision to refuse to conduct review of appointment of financial manager. Catchwords: FINANCIAL MANAGEMENT - application to review financial management order and application to review appointment of financial manager - complex estate - subject person a director of a company - suitability for appointment - conflict of interest - refusal to conduct review.

REVIEW OF ENDURING POWER OF ATTORNEY - application to review revocation - declaration of invalidity of revocation would leave two conflicting powers of attorney in place - need for certainty of authority - decision not to review.

PROCEDURAL FAIRNESS - hearing in the absence of the subject person Legislation Cited: Guardianship Act 1987 (NSW) Powers of Attorney Act 2003 (NSW) Superannuation Industry (Supervision) Act 1993 (Cth) Corporations Act 2001 (Cth) Category: Principal judgment Parties: Mrs EGS (subject person) Ms FRV (carer, attorney) Mrs PLM (attorney) Mr QWS (applicant) The NSW Trustee and Guardian File Number(s): 45583 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)).