CZL v NSW Trustee and Guardian [2017] NSWCATAD 143

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CZL v NSW Trustee and Guardian [2017] NSWCATAD 143 Hearing dates: 28 March 2017 Date of orders: 04 May 2017 Decision date: 04 May 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: Hennessy LCM, Deputy President Decision: 1. The application for a stay or interim order dated 14 March 2017 and lodged on 21 March 2017 is amended so as to delete the application for orders numbered 2 – 6. 2. The application for a stay or interim order dated 14 March 2017 and lodged on 21 March 2017 is dismissed. 3. The application for a stay or interim order dated 7 April 2017 and lodged on 10 April 2017 is withdrawn and dismissed. 4. The application for a stay or interim order dated 12 April 2017 and lodged on 12 April is withdrawn and dismissed. 5. The time for lodgement of the application for review is extended to 21 March 2017. Catchwords: STAY – power of Tribunal to stay or "otherwise affect the operation" of a decision – decision made by the NSW Trustee and Guardian to approve a decision of a private manager to stop paying the Applicant $10,000 a month from the managed person's estate – whether to extend time to make the application – whether decision is the kind of decision that can be 'stayed' or whose operation can be affected – whether discretion to affect the operation of the decision should be exercised

WORDS AND PHRASES – "in relation to" in s 70(1) of the NSW Trustee and Guardian Act 2009 (NSW) - Legislation Cited: Administrative Appeals Tribunal Act 1975 (Cth), s 41(2) Administrative Decisions Review Act 1997 (NSW), ss 9, 48, 55(4) and 60 Administrative Tribunal Rules 2014 (NSW) cl 24 Civil and Administrative Tribunal Act 2013 (NSW), s 30 Migration Act 1958 (Cth), s 476A NSW Trustee and Guardian Act 2009 (NSW), ss 39, 66, 70, 71 Cases Cited: Ability One Financial Management Pty Limited and Anor v JB by his Tutor AB (17 March 2014) [2014] NSWSC 245 AVS Group of Companies Pty Ltd v Commissioner of Police [2010] NSWCA 81; (2010) 78 NSWLR 302 AHJ v NSW Trustee and Guardian (23 November 2011) [2011] NSWADT 311 M v M (11 October 2013) [2013] NSWSC 1495; [1981] 2 NSWLR 334 Re Repatriation Commission and Delkou (1985) 8 ALD 454 Tang v Minister for Immigration and Citizenship [2013] FCAFC 139; (2013) 305 ALR 547 Travelex Ltd v Commissioner of Taxation [2010] HCA 33; (2010) 241 CLR 510; 270 ALR 353 Category: Procedural and other rulings Parties: CZL (Applicant) NSW Trustee and Guardian (1st Respondent) DAH (2nd Respondent) Representation: Counsel: C Harris SC (2nd Respondent)