CTS v NSW Trustee and Guardian [2017] NSWCATAD 217

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CTS v NSW Trustee and Guardian [2017] NSWCATAD 217 Hearing dates: 15 June 2017 Date of orders: 30 June 2017 Decision date: 30 June 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: Hennessy LCM, Deputy President Decision: The decision of the NSW Trustee and Guardian made on 2 August 2016 that a surety bond should apply to CTS's wife's estate is set aside. Catchwords: STATUTES – acts of parliament – statutory powers and duties – NSW Trustee and Guardian Act 2009 - where NSW Trustee and Guardian required a manager to purchase a surety bond in respect of his wife's estate – whether NSW Trustee and Guardian has power to require a manager to give security to the NSW Trustee and Guardian in respect of the management of an estate Legislation Cited: Administrative Decisions Review Act 1997 (NSW), s 63 Civil and Administrative Tribunal Act 2013 (NSW), 64 Guardianship Act 1987 (NSW), s 25E, s 25M Guardianship and Protected Estates Legislation Amendment Act 2002 (NSW) Interpretation Act 1987 (NSW), s 33 NSW Trustee and Guardian Act 2009 (NSW), ss 10, 19, 38, 39, 40, 64, 65, 66, 68, 71 and 86 Public Interest Disclosures Act 1994 (NSW), s 11(2) Supreme Court Rules 1970 (NSW), Pt 76 r 13 (repealed). Cases Cited: CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384 CTS v NSW Trustee and Guardian [2017] NSWCATAD 119 Hamzy v Commissioner of Corrective Services (NSW) [2011] NSWSC 120 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355 Re Application for Partial Management Orders [2014] NSWSC 1468 Re McL. [2001] NSWSC 280 Re W and L (Parameters of Protected Estate Management Orders) [2014] NSWSC 1106 Refrigerated Express Lines (Australasia) Pty Ltd v Australian Meat and Livestock Corporation (1980) 29 ALR 333 Rodriguez v United States [1987] USSC 36; 480 US 522 (1987) SLJ v RTJ [2017] NSWSC 137 Victims Compensation Fund Corporation v Brown [2002] NSWCA 155; (2002) 54 NSWLR 668 Category: Principal judgment Parties: CTS (Applicant) NSW Trustee and Guardian (Respondent) Representation: CTS (self-represented)