TXC [2016] NSWCATGD 63

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: TXC [2016] NSWCATGD 63 Hearing dates: 8 November 2016 Date of orders: 08 November 2016 Decision date: 08 November 2016 Jurisdiction: Guardianship Division Before: J Currie, Senior Member (Legal) Dr S McSwiggan, Senior Member (Professional) J Newman, General Member (Community) Decision: 1. The interim financial management order made by the Tribunal on 30 May 2016 in relation to the estate of Ms TXC is revoked. 2. The application for a financial management order made by Ms NBI in relation to the estate of Ms TXC is dismissed. 3. The NSW Trustee and Guardian is to pay over or hand over the estate to Ms TXC. Catchwords: FINANCIAL MANAGEMENT – review of interim financial management order – application for financial management order – need for a financial management order – capability to manage own financial affairs – vulnerability to exploitation or self-mismanagement – interim financial management order revoked Legislation Cited: Guardianship Act 1987 (NSW), ss 4(b), 25G(a), 71 NSW Trustee and Guardian Act 2009 (NSW), s 23A Cases Cited: CJ v AKJ [2015] NSWSC 498 David, by her Tutor The Protective Commissioner v David (1993) 30 NSWLR 417 P v R [2003] NSWSC 819 PB v BB [2013] NSWSC 1223 Re D [2012] NSWSC 1006 Category: Principal judgment Parties: Ms TXC (person under consideration) Ms NBI (applicant) The NSW Trustee and Guardian Representation: P de Dassell (separate representative for Ms TXC) File Number(s): 62662 Publication restriction: Decisions of the Guardianship Division of the Civil and Administrative Tribunal have been anonymised to remove any information that may identify any person involved in the Tribunal's proceedings (s 65, Civil and Administrative Tribunal Act 2013 (NSW)).