BBS [2014] NSWCATGD 25

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BBS [2014] NSWCATGD 25 Hearing dates: 30 June 2014 Decision date: 30 June 2014 Jurisdiction: Guardianship Division Before: Currie J, Senior Member (Legal) Williams P, Senior Member (Professional) Djoneski V, General Member (Community) Decision: Guardianship order renewed for 12 months. Appointment of financial manager confirmed. Catchwords: GUARDIANSHIP - requested review of guardianship order - end of term review of guardianship order - allegation of guardian's failure to communicate with family - order confirmed and renewed.

FINANCIAL MANAGEMENT - application to review appointment of financial manager - allegations of mismanagement by financial manager - no evidence of mismanagement - appointment confirmed.

INTERLOCUTORY ISSUES - leave for legal representation - identity of lawyer - summary dismissal - meaning of frivolous and vexatious - issue estoppel and its applicability to Tribunal proceedings.

PROCEDURAL FAIRNESS - hearing proceeded in absence of subject person.

COSTS - application by financial manager for costs - application made without particulars - adjourned for further submissions - consideration on the papers. Legislation Cited: Guardianship Act 1987 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Kioa v West [1985] HCA 81; (1985) 159 CLR 550 LA v Protective Commissioner & Ors [2004] NSWADTAP 39 General Steel Industries Inc v Commissioner for Railways (NSW) [1964] HCA 69; (1964) 112 CLR 125 Dey v Victorian Railways Commissioners (1949) 78 CLR 62 Hatchett v Bowater Tuff Industries Pty Ltd (No 2) (1991) 28 FCR 324 JF Keir Pty Ltd v Sparks [2008] FCA 611 Blair v Curran [1939] HCA 23; (1939) 62 CLR 464 Minister for Immigration and Ethnic Affairs v Daniele [1981] FCA 212; (1981) 39 ALR 649 Category: Principal judgment Parties: Miss BBS (subject person) Mrs LVS (applicant) Mr NAS (applicant, financial manager) The Public Guardian The NSW Trustee and Guardian File Number(s): 39162 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)).