BLB v NSW Trustee and Guardian [2016] NSWCATAP 25

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BLB v NSW Trustee and Guardian [2016] NSWCATAP 25 Hearing dates: 24 November 2015 Date of orders: 02 February 2016 Decision date: 02 February 2016 Jurisdiction: Appeal Panel Before: J Redfern, Principal Member P Molony, Senior Member Decision: Extension of time to lodge the appeal granted. Leave to appeal refused, appeal dismissed. Catchwords: APPEAL – Civil and Administrative Tribunal (NSW) – administrative review – review of decision of the NSW Trustee and Guardian to sell home of protected person in which appellant lived – protected person in aged care facility – appellant was carer – issue of whether appellant had sufficient funds to pay shortfall – whether Tribunal had obligation to put appellant on notice of possible adverse finding – no denial of procedural fairness in circumstances – appellant on notice of the issue – whether evidence to support findings – no error of law – new proposal by appellant – change of circumstances – leave to appeal refused – no utility – appeal dismissed

PRACTICE AND PROCEDURE – extension of time – reasonable explanation for delay – no evidence of prejudice – arguable case – granted Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) NSW Trustee and Guardian Act 2009 (NSW) Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 EE v Protective Commissioner [2008] NSWADTAP 35 Fordham v Davies [2014] NSWCATAP 60 Gallo v Dawson [1990] HCA 30; (1990) 93 ALR; (1990) 64 ALJR 458 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Kostas v HIA Insurance Services Pty Ltd (2010) 241 CLR 390 P v Child Support Registrar [2015] FCA 116 Pholi v Wearne [2014] NSWCATAP 78 Category: Principal judgment Parties: BLB (Appellant) NSW Trustee and Guardian (Respondent) Representation: BLB (self-represented) NSW Trustee and Guardian (Ms Barker) File Number(s): AP 15/43070 Publication restriction: Section 64 Civil and Administrative Tribunal Act 2013 (NSW) – no details identifying the appellant, the protected person or her stepdaughter, to be published Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2015] NSWCATAD 83 Date of Decision: 23 April 2015 Before: A Britton, Principal Member File Number(s): 14/10423