DGM v NSW Trustee and Guardian [2017] NSWCATAP 220

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DGM v NSW Trustee and Guardian [2017] NSWCATAP 220 Hearing dates: 21 July 2017 Date of orders: 29 November 2017 Decision date: 29 November 2017 Before: M Schyvens, Deputy President M Harrowell, Principal Member Prof G Walker, Senior Member Decision: (1) The time to lodge the appeal is extended to 20 March 2017.

(2) Leave is granted to appeal the decision of the Mental Health Review Tribunal made on 9 February 2017.

(3) The order that the current financial management order not be revoked is set aside.

(4) In substitution, the Appeal Panel orders pursuant to s 88 of the NSW Trustee and Guardian Act 2009, that the order made on 20 October 1999 that the estate of DGM be subject to management is revoked.

(5) The parties have liberty to apply to the Appeal Panel, which may be differently constituted, for the purpose of the Appeal Panel making any ancillary orders necessary to give effect to these orders.

(6) Publication of the names of the parties, other than the NSW Trustee and Guardian, is prohibited. A reference to the name of a person includes a reference to any information, picture or any other material that identifies the person or is likely to lead to the identification of the person. Catchwords: APPEALS- right of appeal from decision of Mental Health Review Tribunal (MHRT)- whether an order can be made by MHRT under s 88 of NSW Trustee and Guardian Act, 2009 to revoke management order originally made under Protected Estates Act, 1983- whether the Civil and Administrative Tribunal of New South Wales has jurisdiction to determine an appeal from a decision of the MHRT to refuse to revoke a management order