CCP v NSW Trustee and Guardian [2015] NSWCATAD 256

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CCP v NSW Trustee and Guardian [2015] NSWCATAD 256 Hearing dates: On the papers Date of orders: 07 December 2015 Decision date: 07 December 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: J Kelly, Senior Member Decision: The Tribunal does not have jurisdiction to determine the application for review of the respondent's decision. Catchwords: JURISDICTION – financial management order – management terminated by death - alleged failure to manage estate causing loss - application for reimbursement to estate Legislation Cited: NSW Trustee and Guardian Act 2009 ss 10(2), 16(1), 55 to 59, 62, 93, 94, 95 NSW Trustee and Guardian Regulation 2008 Administrative Decisions Review Act 1997 s 63(2) Cases Cited: BNI v NSW Trustee and Guardian [2015] NSWCATAD 69 CU v Protective Commissioner (No. 2) (GD) [2009] NSWADTAP 26 Davies v Protective Commissioner (GD) [2008] NSWADTAP 59 Commonwealth of Australia v Shaw [2006] NSWCA 209; 66 NSWLR 325 Texts Cited: Australian Concise Oxford Dictionary Category: Procedural and other rulings Parties: CCP (Applicant) NSW Trustee and Guardian (Respondent) Representation: Counsel:

Solicitors: CCP (Applicant in Person) NSW Trustee and Guardian (Respondent) File Number(s): 1510471

Judgment

The decision to be reviewed 1. The applicant, CCP, seeks the review of the decision made by the Director Finance and Client Funds Management of the NSW Trustee and Guardian not to approve reimbursement of $7,167.17 withdrawn from her late brother's bank account during the period he was under a Financial Management Order (FMO) appointing NSW Trustee and Guardian (the respondent) as the manager. The decision is undated. I refer to the decision as "the respondent's decision". The applicant stated that she was notified of it on 10 November 2014. She applied to the Tribunal on 16 July 2015.