SNC (No 2) [2014] NSWCATGD 21

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: SNC (No 2) [2014] NSWCATGD 21 Hearing dates: 10 April 2014 Decision date: 10 April 2014 Jurisdiction: Guardianship Division Before: Simpson J, Senior Member (Legal) Jamieson G, Senior Member (Professional) Whaite A, General Member (Community) Decision: Refusal to review guardianship order. Removal of attorney appointed under enduring power of attorney. Catchwords: GUARDIANSHIP - application to review guardianship order - no new evidence - no new issues - no grounds to warrant review.

ENDURING POWER OF ATTORNEY - application to review making of and review operation and effect of an enduring power of attorney - capacity to make - alleged misuse of power - alternative attorney removed.

PROCEDURAL FAIRNESS - disclosure of evidence - non-disclosure of evidence to parties - adjournment request - adjournment refused. Legislation Cited: Guardianship Act 1987 (NSW) Powers of Attorney Act 2003 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Category: Principal judgment Parties: Mr SNC (subject person) Mr NBC (enduring guardian and attorney) Mr KBK (alternative enduring guardian and alternative attorney) The Public Guardian File Number(s): 55277 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)).