AHB v NSW Trustee and Guardian [2017] NSWCATAP 79

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: AHB v NSW Trustee and Guardian [2017] NSWCATAP 79 Hearing dates: 20 January 2017 and 27 March 2017 Date of orders: 04 April 2017 Decision date: 04 April 2017 Jurisdiction: Appeal Panel Before: K O'Connor, AM, ADCJ, Deputy President Appeals J Kearney, Senior Member Decision: 1. Leave granted to extend appeal to other grounds to enable consideration of new circumstances.

2. Decision under appeal is varied as follows: (1) The NSWTG to offer the S family a lease of the subject property for a period of 12 months at a weekly rental rate of $550 per week, that includes the following conditions: (a) That the tenant be advised that they have no authority to sublet the realty and any breach of the condition nullifies the tenancy; (b) That all services to the realty not be registered in the name of the protected person (apart from water rates and land rates); (c) That all rental proceeds are payable direct to NSWTG; and (d) That the proposed tenant enter into the tenancy agreement within 28 days (from the date of notification of the offer in writing by NSWTG). (2) If the proposed tenant fails to enter into the tenancy agreement as provided in (1), the decision to sell the property is affirmed. Catchwords: GUARDIANSHIP- Financial Management –Decision to sell protected person's home – Reviewable decision - Affirmed by Tribunal – Appeal – No errors of law identified in Tribunal's reasons – Whether discretion to grant leave to extend appeal to other grounds should be exercised - Leave granted to consider new circumstances – Decision under appeal varied. Legislation Cited: NSW Trustee and Guardian Act 2009 Civil and Administrative Tribunal Act 2013 Guardianship Act 1987 Cases Cited: AHB v NSW Trustee and Guardian [2014] NSWCA 216 Collins v Urban [2014] NSWCATAP 17 House v R [1936] HCA 40; (1936) 55 CLR 499 Category: Principal judgment Parties: AHB (Appellant) NSW Trustee and Guardian (Respondent) Representation: Counsel: In person (Appellant) R Sawtell (Respondent) File Number(s): AP 16/45555 Publication restriction: Under s 64 of the Civil and Administrative Tribunal Act 2013 the Tribunal prohibits the disclosure or publication of the name, as defined in s 64(5), of the following persons connected with these proceedings, except as is reasonably necessary for the implementation of the Tribunal's orders: the appellant, the protected person and members of the family referred to as the S family. Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2016] NSWCATAD 208 Date of Decision: 15 September 2016 Before: R Booby, Senior Member File Number(s): 1610009