BPU v NSW Trustee and Guardian [2015] NSWCATAD 117

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BPU v NSW Trustee and Guardian [2015] NSWCATAD 117 Hearing dates: 5 March 2015 Decision date: 11 June 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: M Hitter, Senior Member Decision: The decision of the NSW Trustee and Guardian made on 23 October 2014 is affirmed. Catchwords: ADMINISTRATIVE LAW – review of decision of NSW Trustee and Guardian – whether the decision to sell property is correct and preferable decision Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) NSW Trustee and Guardian Act 2009 (NSW) Administrative Decisions Review Act 1997 (NSW) Category: Principal judgment Parties: BPU (Applicant) NSW Trustee and Guardian (Respondent) CCL (Respondent) Representation: Solicitors: Shanahans Butlers Solicitors (Applicant) NSW Trustee and Guardian (Respondent) Lighthouse Law Group (Respondent) File Number(s): 1410693 Publication restriction: Section 64 Civil and Administrative Tribunal Act 2013 (NSW) – no details identifying the applicant or the protected person to be published.

This decision has been amended. Please see the end of the decision for details of the amendment.

JUDGMENT 1. The decision of the NSW Trustee and Guardian (the Trustee) made on 23 October 2014 is affirmed.

REASONS FOR DECISION 1. These reasons concern an elderly man of Greek origin who has vascular dementia (the protected person). 2. On 20 June 2014, the NSW Civil and Administrative Tribunal reaffirmed CCL as the protected person's guardian for decisions concerning accommodation for a period of 3 years and the Financial Management Order dated 29 February, 2012 (appointing CCL as the protected person's financial manager) was confirmed. 3. The protected person is 95 years old and lives in an aged care facility in Belmore. Prior to his admission he lived in his own home with the applicant in Burwood, NSW (the family home). 4. The protected person has two children, the applicant and CCL. 5. On 23 October 2013, the Trustee approved a proposal submitted by CCL to sell the family home. On the same day the applicant by email sought an Internal Review of this decision. On 10 November 2014, Mr Nick Saverimuttu, Assistant Director, Client Taxation affirmed the decision to authorise the sale of the family home. 6. On 4 December 2014, the applicant filed an appeal of this decision under s 55 (1) of the Administrative Decisions Tribunal Act 1997 (NSW). 7. All parties agree that the protected person is not able to express an informed view in relation to the sale of the family of home.