IUO [2015] NSWCATGD 4

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: IUO [2015] NSWCATGD 4 Hearing dates: 3 February 2015 Date of orders: 03 February 2015 Decision date: 03 February 2015 Jurisdiction: Guardianship Division Before: J Currie, Senior Member (Legal) C Kennedy, Senior Member (Professional) Decision: Financial management order revoked. Catchwords: FINANCIAL MANAGEMENT – self-applicant – capacity undertaking to Tribunal – revocation Legislation Cited: Guardianship Act 1987 (NSW) NSW Trustee and Guardian Act 2009 (NSW) Cases Cited: P v R [2003] NSWSC 819 PB v BB [2013] NSWSC 1223 Re D [2012] NSWSC 1006 Category: Principal judgment Parties: Mr IUO (person under management under the financial management order and applicant) NSW Trustee and Guardian File Number(s): 24820 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 1. The Tribunal decided to revoke the financial management order which had been made for Mr IUO on 17 July 2002. 2. The Tribunal also formally noted Mr IUO's undertaking given at the hearing that he would forthwith use his best endeavours to retain a business consultant to advise and mentor him in relation to his business affairs.

Background 1. Mr IUO was aged 40 years at the time of the hearing and was living in his own home at Southwest Sydney. Mr IUO is of Vietnamese background and culture. Mr IUO is divorced but he continues to have a substantial relationship with his former wife Mrs MQD and Mrs MQD cares for their son. Mr IUO's parents, Mr EJO and Mrs UQW live at West Sydney. They have been providing substantial financial assistance for Mr IUO's business. 2. On 17 July 2002 the Guardianship Tribunal made a financial management order for Mr IUO, committing management of his estate to the Protective Commissioner, which is now the NSW Trustee and Guardian. On 24 February 2010 that Tribunal made a guardianship order for Mr IUO, appointing the Public Guardian. This order was subsequently varied. On 4 March 2011 it was lapsed. 3. On 15 May 2014 this Tribunal received from Mr WBN, Solicitor of a law firm, an application which sought the revocation of the financial management order made on 17 July 2002. As explained below, Mr IUO was substituted for Mr WBN as the applicant. The purpose of the Tribunal's hearing at Balmain on 3 February 2015 was to consider that application for revocation of the financial management order.