The Husband v The Public Guardian [2016] NSWSC 1720

Supreme Court New South Wales

Medium Neutral Citation: The Husband v The Public Guardian [2016] NSWSC 1720 Hearing dates: 19 August 2016 Date of orders: 21 December 2016 Decision date: 21 December 2016 Jurisdiction: Equity Before: Slattery J Decision: Appeal allowed. Decisions of the Civil and Administrative Tribunal dated 23 February 2016 quashed. Plaintiff appointed guardian and financial manager for his wife, the third defendant in the place of the Public Guardian and the NSW Trustee and Guardian respectively. Catchwords: GUARDIANSHIP AND FINANCIAL MANAGEMENT – Plaintiff/husband seeks judicial review of orders of the Guardianship Tribunal of the Civil and Administrative Tribunal – Tribunal dismissed the Plaintiff's application to act as his wife's (the third defendant) financial manager and guardian – Tribunal instead confirmed the appointment of the NSW Trustee and Guardian as financial manager and the Public Guardian as the guardian of his wife – the third defendant suffers from frontal lobe dementia, and currently lacks legal capacity – shortly before guardianship order, the third defendant made allegations against the Plaintiff that he had physically abused her - whether the Tribunal's decision should be quashed – if the Tribunal's decision is quashed, whether the Court should appoint the Plaintiff as the third defendant's guardian and financial manager or should leave the Public Guardian and the NSW Trustee and Guardian acting in those roles. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Guardianship Act 1987 (NSW) Family Law Act 1975 (Cth) NSW Trustee and Guardian Act 2009 (NSW) Cases Cited: Ability One Financial Management Pty Ltd v JB by his Tutor AB [2014] NSWSC 245 Associated Provincial Picture Houses Ltd v Wednesbury Corp (1947) 45 LGR 635 Blatch v Archer [1774] 98 ER 969 C v W [2015] NSWSC 1774 EB v Guardianship Tribunal [2011] NSWSC 767 Ex parte Hebburn Ltd; Re Kearsley Shire Council (1947) 47 SR (NSW) 416 Holt & Anor v Protective Commissioner (1993) 31 NSWLR 227 IR v AR [2015] NSWSC 1187 JAB [2010] WASAT 97 Jones v Dunkel (1959) 101 CLR 298; [1959] HCA 8 M v M [2013] NSWSC 1495 Minister for Immigration& Citizenship v SZMDS [2010] 240 CLR 611 Minister for Immigration and Border Protection v WZARH [2015] HCA 40 Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 209 CLR 597 P9/2000 [2011] NSWSC 49 Posner v Collector for Interstate Destitute Persons (Vict) (1946) 74 CLR 461 Prendergast v Western Murray Irrigation Limited [2014] NSWCATAP 69 Re Coldham; Ex Parte Brideson (1989) 166 CLR 338 Re L [2000] NSWSC 721 Re R [2000] NSWSC 886 Re X [2016] NSWSC 275 Sinclair v Mining Warden at Maryborough (1975) 132 CLR 473 Texts Cited: New South Wales Civil and Administrative Tribunal, Practice Direction 2 Category: Principal judgment Parties: Plaintiff: [not published] First Defendant: the Public Guardian Second Defendant: the NSW Trustee and Guardian Third Defendant: [not published] Fourth Defendant: NSW Civil and Administrative Tribunal Representation: Counsel