LVB [2015] NSWCATGD 56

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: LVB [2015] NSWCATGD 56 Hearing dates: 17 November 2015 Date of orders: 17 November 2015 Decision date: 17 November 2015 Jurisdiction: Guardianship Division Before: C Murray, Senior Member (Legal) H Creasey, Senior Member (Professional) L Stewart, General Member (Community) Decision: Financial management order; interim financial management order made for four months, estate committed to management, private manager appointed. Catchwords: FINANCIAL MANAGEMENT – application for a financial management order – concerns about proposed transfer of funds overseas – Tribunal did not determine capability to manage own affairs – urgent hearing – short notice given – procedural fairness – interim financial management order made Legislation Cited: Guardianship Act 1987 (NSW), s 3(2), 4, 25, 25G, 25H, 25M NSW Trustee and Guardian Act 2009 (NSW), s 39 Category: Principal judgment Parties: Mr LVB (subject person) Mr BCG (applicant) NSW Trustee and Guardian Representation: Nil File Number(s): 61122 Publication restriction: Decisions of the Guardianship Division of the Civil and Administrative Tribunal have been anonymised to remove any information that may identify any person involved in the Tribunal's proceedings (s 65, Civil and Administrative Tribunal Act 2013 (NSW)).

REASONS FOR DECISION

FINANCIAL MANAGEMENT APPLICATION

Contents 1. These Reasons for Decision are arranged under the following headings: * What the Tribunal decided * The hearing * Background concerning Mr LVB * The legislative framework governing the Tribunal's power * What did the Tribunal have to decide? * Is Mr LVB incapable of managing his own affairs? * Who should be appointed as financial manager under the interim financial management order?