NDX [2017] NSWCATGD 17

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NDX [2017] NSWCATGD 17 Hearing dates: 14 February 2017 Date of orders: 14 February 2017 Decision date: 14 February 2017 Jurisdiction: Guardianship Division Before: J Currie, Senior Member (Legal) Decision: 1. The financial management order made on 9 June 2015 in relation to the estate of Ms NDX is revoked.

2. The manager, Mr OVX, is to pay over or hand over the estate to Ms NDX. Catchwords: FINANCIAL MANAGEMENT – application to revoke financial management order – consideration of whether subject person recovered capacity – best interests – consideration of principles in section 4 of the Guardianship Act 1987 (NSW) – obligations of private financial manager to NSW Trustee and Guardian Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 38, 38(5)(c) Guardianship Act 1987 (NSW), ss 4(d), 25P(2) Category: Principal judgment Parties: Ms NDX (person under consideration) Mr OVX (applicant, appointed financial manager, husband of Ms NDX) The NSW Trustee and Guardian File Number(s): 59183 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)).

REASONS FOR DECISION

APPLICATION TO REVOKE FINANCIAL MANAGEMENT ORDER

What the Tribunal decided 1. The Tribunal decided to revoke the financial management order which had been made for Ms NDX on 9 June 2015, on the ground that the Tribunal was satisfied that it was in Ms NDX's best interests that the order be revoked.