UQH [2014] NSWCATGD 37

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: UQH [2014] NSWCATGD 37 Hearing dates: 2 October 2014 Decision date: 02 October 2014 Jurisdiction: Guardianship Division Before: Sheedy T, Senior Member (Legal) Wroth M, Senior Member (Professional) Koussa J, General Member (Community) Decision: Application dismissed. Catchwords: ENDURING POWER OF ATTORNEY - application to review operation and effect - principal deceased - power of attorney terminated - whether applicant has standing - no proper interest - motivation and purpose to obtain evidence for other proceedings - whether Tribunal has jurisdiction to review enduring power of attorney where principal deceased. Legislation Cited: Powers of Attorney Act 2003 (NSW) Guardianship and Administration Act 1990 (WA) Instruments Act 1958 (VIC) Cases Cited: DJB (Guardianship) [2010] VCAT 280 KS [2008] WASAT 29 KTC [2011] NSWGT 23 Wellington Steam Ferry Company Ltd (in liq) v Wellington Deposit, Mortgage and Building Association Ltd (1915) 34 NZLR 913 at 915 per Stout CJ Category: Principal judgment Parties: Mr UQH (subject person) Mrs OVH (spouse) Mrs NRH (applicant) Ms DSX (attorney) Miss HTH (attorney) File Number(s): 56939 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)).