CTS v NSW Trustee and Guardian [2017] NSWCATAD 119

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CTS v NSW Trustee and Guardian [2017] NSWCATAD 119 Hearing dates: 28 February 2017 (on papers) Date of orders: 13 April 2017 Decision date: 13 April 2017 Before: Hennessy LCM, Deputy President Decision: (1) The application by NSW Trustee to refer two questions of law to the Supreme Court is refused. (2) These proceedings are listed for a directions hearing on 19 April at 10:00 am. Catchwords: REFERRAL OF QUESTION OF LAW – request by NSW Trustee and Guardian for NCAT to refer two questions of law to the Supreme Court – Legislation Cited: Administrative Appeals Tribunal Act 1975 (Cth), s 25 Administrative Decisions Review Act 1997 (NSW), ss 6, 9, 63 Civil and Administrative Tribunal Act 2013 (NSW), ss 30, 36, 54 Guardianship Act 1987 (NSW), s 25M NSW Trustee and Guardian Act 2009 (NSW), ss 66, 68, 70 Cases Cited: Re Adams and Tax Agents Board (1976) 1 ALD 251 Re Collector of Customs (NSW) v Brian Lawlor Automotive Pty Ltd (1979) 2 ALD 1 Urban Consolidation and Development Pty Ltd v Commissioner of State Revenue [2010] VCAT 2124 Texts Cited: Peter Cane, Administrative Tribunals and Adjudication, (2010, Oxford and Portland Oregon) Category: Procedural and other rulings Parties: CTS (Applicant) NSW Trustee and Guardian (Respondent) Representation: Solicitors: J Brouwer (Senior Legal Officer for NSW Trustee and Guardian) (Respondent) CTS (self-represented) File Number(s): 2016/00378302 Publication restriction: Publication of the name of the applicant and any other person involved in these proceedings is prohibited.