BND v NSW Trustee & Guardian [2015] NSWCATAP 219

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BND v NSW Trustee & Guardian [2015] NSWCATAP 219 Hearing dates: 27 July 2015 Date of orders: 14 October 2015 Decision date: 14 October 2015 Jurisdiction: Appeal Panel Before: Acting Judge K P O'Connor, AM, Deputy President, Appeals S Montgomery, Senior Member Decision: Appeal dismissed. Catchwords: ADMINISTRATIVE REVIEW – Decision of NSW Trustee and Guardian to refuse request of some family members to challenge protected person's will – affirmed by Tribunal – appeal – sixteen grounds of appeal – two categories of possible questions of law - adequacy of reasons – procedural fairness – no error – whether to grant leave to consider grounds as 'other grounds' – refused. Appeal dismissed. Legislation Cited: NSW Trustee and Guardian Act 2009 Administrative Decisions Review Tribunal 1997 Civil and Administrative Tribunal Act 2013 Cases Cited: Baker v David [2015] NSWCA 235 Collins v. Urban [2014] NSWCATAP 17 Resource Pacific Pty Ltd v Wilkinson [2013] NSWCA 33 Sikka v Roads and Maritime Services (GD) [2013] NSWADTAP 28 Re Minister for Immigration and Multicultural Affairs; ex p Lam [2003] HCA 6; (2003) 214 CLR 1 Stead v State Government Insurance Commission [1986] HCA 54; (1986) 161 CLR 141 Texts Cited: - Category: Principal judgment Parties: BND (First Appellant) BNE (Second Appellant) NSW Trustee and Guardian (First Respondent) CNF (Second Respondent) Representation: First Appellant: in person, with leave to represent Second Appellant. First Respondent: Ms Stormont, legal officer Second Respondent: No appearance File Number(s): 15/31595 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Date of Decision: 2 February 2015 Before: J Lucy, Senior Member File Number(s): 1410577