CWH v NSW Trustee and Guardian [2017] NSWCATAD 87

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CWH v NSW Trustee and Guardian [2017] NSWCATAD 87 Hearing dates: 14 February 2017 Date of orders: 27 March 2017 Decision date: 27 March 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: C Grant, Senior Member Decision: The decision of the NSWTG is affirmed with some variation. Orders made that; 1) the property is to be rented out to the applicant at a reduced market rent of $265p/w or such other rate at the discretion of the NSWTG and the applicant and the NSWTG are to execute a formal tenancy agreement, 2) The applicant is to be given 8 weeks from the date of this decision to execute the formal tenancy agreement, 3) Should the applicant not execute the formal tenancy agreement by the expiration of the 8 week period or decide to vacate the property prior to this time, the NSWTG is to consider further options to either rent the property at full market rate or to sell the property. Catchwords: ADMINISTRATIVE LAW – review of decision of NSW Trustee and Guardian – the applicant is living rent free in the protected person's property - whether the decision to lease the property of the protected person to the applicant at a low market rent and if not acceptable to him, to consider alternative strategies such as private lease or selling 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: CWH (Applicant) NSW Trustee and Guardian (Respondent) Representation: Applicant - self-represented Crown Solicitor (Respondent) File Number(s): 2016/00378541, 1610789 Publication restriction: s.64 Civil and Administrative Tribunal Act 2013 (NSW) – no details identifying applicant, protected person or witnesses to be published.