CVR v NSW Trustee and Guardian [2017] NSWCATAD 167

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CVR v NSW Trustee and Guardian [2017] NSWCATAD 167 Hearing dates: 17 March 2017 Date of orders: 25 May 2017 Decision date: 25 May 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: C Grant Senior Member Decision: The respondent's decision to sell the protected person's property is affirmed Catchwords: ADMINISTRATIVE LAW – review of decision of NSW Trustee and Guardian to sell protected person's property – protected person resides in aged care facility - applicant son opposes the sale – whether decision is the correct and preferable decision Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Guardianship Act 1987 (NSW) NSW Trustee and Guardian Act 2009 (NSW) Category: Principal judgment Parties: CVR (Applicant) NSW Trustee and Guardian (Respondent) Representation: CVR (Applicant; self-represented) Crown Solicitor (Respondent) File Number(s): 2016/0378510, 1610758 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 1. This is an application to review a decision of the NSW Trustee and Guardian (NSWTG) to sell the property, an apartment on the NSW Central Coast, owned by the protected person, Mr DD. 2. The applicant, CVR is the adult son of the protected person and opposes the sale. Mr DD has 2 siblings a brother and sister, who did not participate in these proceedings but support the sale of Mr DD's apartment. 3. The Tribunal makes the order that the NSWTG decision to sell the property is affirmed. The reasons are set out below.