CNY v NSW Public Trustee and Guardian [2017] NSWCATAD 25

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CNY v NSW Public Trustee and Guardian [2017] NSWCATAD 25 Hearing dates: 11 November 2016 Date of orders: 16 January 2017 Decision date: 16 January 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: C Grant, Senior Member Decision: The decision of the NSW Public Guardian and Trustee dated 23 October 2015 to sell the property belonging to the protected person is affirmed. Catchwords: ADMINISTRATIVE LAW – review of decision of NSW Trustee and Guardian – whether the decision to sell the property is the correct and preferable decision Legislation Cited: Administrative Decisions Review Act 1997 (NSW) NSW Trustee and Guardian Act 2009 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Guardianship Act 1987 (NSW) Category: Principal judgment Parties: CNY (Applicant) NSW Trustee and Guardian (Respondent) Representation: Solicitors: CNY (Applicant in person) NSW Trustee and Guardian File Number(s): 1610276 Publication restriction: s.64 Civil and Administrative Tribunal Act 2013 (NSW) – no details identifying applicant, protected person or witnesses to be published.

REASONS FOR DECISION

Introduction 1. The NSW Trustee and Guardian (NSWTG) manages the finances of the protected person pursuant to an order of the Guardianship Division of the Tribunal dated 29 January 2015. The protected person has a disability, being dementia and is unable to make important life decisions. On 23 October 2015, the NSWTG made the decision to sell the property, located in Sydney and belonging to the protected person. The protected person sought an administrative review of this decision so she can retain the property. After the application was filed the only surviving son of the protected person joined the application and has now replaced the protected person as the applicant. He also opposes the sale. The issue in these proceedings is whether the decision to sell the property is the correct and preferable decision.