NSW Caselaw
NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FGS [2014] NSWCATGD 30 Hearing dates: 22 August 2014 Decision date: 22 August 2014 Jurisdiction: Guardianship Division Before: Anderson J, Senior Member (Legal) Wortley J, Senior Member (Professional) Manns L, General Member (Community) Decision: Financial management application dismissed. Catchwords: FINANCIAL MANAGEMENT - application for financial management order - outstanding fees owed to facility - no assets in Australia - no practical utility - no need for an order. Legislation Cited: Guardianship Act 1987 (NSW) Cases Cited: Re W and L (Parameters of Protected Estate Management Orders) [2014] NSWSC 1106 Category: Principal judgment Parties: Mrs FGS (subject person) MR TJH (substitute applicant) Ms NSM (carer) The NSW Trustee and Guardian File Number(s): 56521 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)).
reasons for decision
What the Tribunal decided 1The Tribunal dismissed the application for the appointment of a financial manager.
Background 2Mrs FGS is a 78-year-old German national who is currently residing at an aged care facility in the upper north shore of Sydney, NSW. In 2011, Mrs FGS arrived in Australia from Germany on a visa sponsored by her daughter, Ms NSM. 3On 3 June 2014, the Tribunal received an application for the appointment of a financial manager for Mrs FGS, by Mrs BNL, Operations Manager of the aged care service provider. Mr TJH, Care Manager of the aged care facility, became the substitute applicant for the purposes of the proceedings before the Tribunal. 4A hearing of the application was conducted on 22 August 2014.
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