CPE v NSW Trustee and Guardian [2017] NSWCATAD 11

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CPE v NSW Trustee and Guardian [2017] NSWCATAD 11 Hearing dates: 10 November 2016 Date of orders: 10 January 2017 Decision date: 10 January 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: M Hitter, Senior Member Decision: The decision of the NSW Trustee and Guardian is affirmed. Catchwords: Protective jurisdiction, welfare and interest paramount consideration Legislation Cited: Administrative Decisions Review Act 1997 (NSW) NSW Trustee and Guardian Act 2009 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Succession Act 2006 (NSW) Cases Cited: P v NSW Trustee and Guardian [2015] NSWSC 579 UE & UD v NSW Trustee and Guardian [2011] NSWADT 150 Category: Principal judgment Parties: CPE (Applicant) NSW Trustee and Guardian (Respondent) Representation: Solicitors: Jesus Advocacy International (Applicant) Zucker Legal (Respondent) File Number(s): 1610330

Reasons for decision

Introduction 1. This is an application to review a decision made by the Respondent on 27 April 2016 (the decision), to sell the family home (the property) owned by the Applicant's mother and father (the parents). The Respondent manages the affairs of the parents pursuant to Orders made by the Supreme Court on 23 December 2015 (the Orders). 2. The Applicant commenced proceedings in the Supreme Court against her parents and two siblings seeking a declaration that she has an equitable interest in the property. The Supreme Court found that the Applicant had no right, title or interest in the property and she was required to vacate the property. 3. Orders were also made to appoint the Respondent as manager of her parents affairs and specifically "be at liberty to sell the family home" and "apply proceeds of the sale towards payment of accommodation bonds due to be paid" with respect to their accommodation in an aged care facility. 4. The inclusion of the words "at liberty to sell the family home" form the basis on which the Tribunal is asked to review the Respondent's decision to sell the property: NSW Trustee and Guardian Act 2009 (the Act), s 62(1). 5. The Respondent submits that the Applicant does not have standing to seek this review. Section 62 of the Act requires that an application must be brought by an "affected person" which is defined as: 1. A managed person 2. The spouse of a managed person 3. Any other person whose interests are, in the opinion of the Civil and Administrative Tribunal, adversely affected by the decision. 1. The Respondent submits that the Supreme Court found that the Applicant has no right, title or interest in the property, and so her interests cannot be adversely affected by the Respondent's decision to sell the property. 2. The Tribunal is satisfied that the Applicant does have standing to seek a review of the decision for reasons set out below. On the basis of the material available to the Tribunal in these proceedings however, the decision of the Respondent is affirmed.