ZAA v NSW Trustee and Guardian [2015] NSWCATAP 234

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZAA v NSW Trustee and Guardian [2015] NSWCATAP 234 Hearing dates: 23 October 2015 Date of orders: 23 October 2015 Decision date: 02 November 2015 Jurisdiction: Appeal Panel Before: Wright J, President Hennessy LCM, Deputy President Dr M Wroth, Senior Member (Professional) Decision: (1) The appeal is allowed. (2) The orders made on 25 May 2015 by the Guardianship Division in matter 2015/1725 are set aside. (3) Having determined under s 80(3) of the Civil and Administrative Tribunal Act 2013 (NSW) to deal with the matter by way of a rehearing, the appointment of ZAA as the financial manager of the estate of Mr ZAB made by order of the Guardianship Tribunal in matter 2008/6384 on 6 October 2009 is confirmed.

The Appeal Panel notes that subject to the provisions of s 25M of the Guardianship Act 1987 (NSW) the private manager is not authorised to deal with the estate under management (other than to protect the assets) unless all necessary directions have been issued by the NSW Trustee and Guardian. Catchwords: PRIVATE FINANCIAL MANAGEMENT – appeal from decision to revoke appointment of private financial manager – procedural fairness – private financial manager did not receive notice of hearing until he returned from an overseas holiday – no opportunity to be heard before a decision adverse to his interests is made – application to revoke appointment of financial manager dealt with by way of new hearing – appointment confirmed Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 29, 32 and 80. Civil and Administrative Tribunal Rules 2014 (NSW), cl 29 Guardianship Act 1987 (NSW), s 4(b), ss 25M and 25U Interpretation Act 1987 (NSW), s 76(1)(b) Cases Cited: Kioa v West [1985] HCA 81; (1985) 159 CLR 550 KV v Protective & Ors; KW & Ors v KV & Ors (No.2) [2004] NSWADTAP 48 Re Refugee Tribunal; ex parte Aala [2000] HCA 57; (2000) 204 CLR 82 Texts Cited: Aronson, Dyer and Groves, Judicial Review of Administrative Action, (5th ed 2013 LawBook Co) Category: Principal judgment Parties: ZAA (Appellant) NSW Trustee and Guardian (First Respondent) ZAB (Second Respondent) Representation: Appellant (self-represented) Ms C Phang, a solicitor and delegate (First Respondent) Second Respondent did not appear File Number(s): AP 15/45298 Publication restriction: Internal review decisions from Guardianship Division proceedings are anonymised to remove any information that may identify any person involved in the Tribunal's proceedings: s 65 of the Civil and Administrative Tribunal Act 2013 (NSW). Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Guardianship Division Date of Decision: 25 May 2015 Before: A Beckett, Senior Member (Legal) File Number(s): 2015/1725