AHB v NSW Trustee and Guardian [2016] NSWCATAP 258

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: AHB v NSW Trustee and Guardian [2016] NSWCATAP 258 Hearing dates: On the papers Date of orders: 30 November 2016 Decision date: 30 November 2016 Jurisdiction: Appeal Panel Before: A Britton, Principal Member Decision: The application for a stay of the decision under appeal is granted subject to the following conditions: (1) Within 10 days of the date of this decision, AHB files and serves evidence in support of his claim that since 10 May 2016 he has been depositing fortnightly payments of $1000 into an account nominated by the Trustee. That evidence must take the form of an affidavit prepared by AHB, which annexes supporting evidence such as copies of bank statements, which identify the payments AHB claims to have made to the Trustee. If, AHB is unable to provide evidence to support his claim of having deposited fortnightly payments of $1000 into an account nominated by the Trustee since 10 May 2016, within 10 days of the date of this decision, he must deposit a sum equivalent to $1,000 per fortnight for the period 10 May 2016 to date (approximately $16,000), less any amount deposited during that period into an account nominated by the Trustee, for which AHB can provide evidence of having so deposited. (2) AHB continue to make fortnightly payments of $1000 into an account nominated by the Trustee. (3) Within two days of making each fortnightly payment referred to in Condition 2, AHB files and serves evidence of having made such payment. (4) That within two days of making each fortnightly payment referred to in Condition 2, AHB file and serve evidence of having made such payment. The stay is automatically lifted if any of these conditions are not complied with. Parties to have liberty to apply to have this matter re-listed. Catchwords: PRACTICE AND PROCEDURE — stay of the decision under appeal — factors relevant to exercise of the power to stay decision under appeal — extension of stay granted with conditions Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Guardianship Act 1987 (NSW) Cases Cited: AHB v NSW Trustee and Guardian [2016] NSWCATAD 208 AHB v NSW Trustee and Guardian [2012] NSWADT AHB v NSW Trustee and Guardian [2012] NSWADTAP 37 AHB v NSW Trustee and Guardian [2014] NSWCA 216 Bentran Pty Ltd v Sabbarton [2014] NSWCATAP 37 Category: Procedural and other rulings Parties: AHB (Appellant) NSW Trustee and Guardian (Respondent) Representation: Appellant (in person) Respondent (R Sawtell, solicitor) File Number(s): AP 16/45555 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Date of Decision: 15 September 2016 Before: R Booby, Senior Member File Number(s): 1610009