DEM v NSW Trustee and Guardian [2018] NSWCATAD 16

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DEM v NSW Trustee and Guardian [2018] NSWCATAD 16 Hearing dates: 23 October 2017 Date of orders: 17 January 2018 Decision date: 17 January 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: (1) The decision of the first respondent is affirmed. Catchwords: ADMININISTRATIVE Law - Protective Jurisdiction - Welfare and interest- Paramount consideration Legislation Cited: Administrative Decisions Review Act 1997 Guardianship Act 1987 Guardianship Regulation 2010 NSW Trustee and Guardian Act 2009 Cases Cited: Re W and L (Parameters of protected Estate Management Orders) [2014] NSWSC 1106 CPE v NSW Trustee and Guardian [2017] NSWCATAD 11 P v NSW Trustee and Guardian [2015] NSWSC 579 Texts Cited: Nil Category: Principal judgment Parties: DEM (Applicant) NSW Trustee and Guardian (First Respondent) DHH (Second Respondent) Representation: Solicitors: Streeter Law (Applicant) Submitting Appearance (First Respondent) Hancock Alldis & Roskov (Second Respondent) File Number(s): 2017/00266039 Publication restriction: Section 64 (1) of the Civil and Administrative Tribunal Act applies to the identity of the applicant and the second respondent.

Reasons for decision

Introduction 1. These proceedings relate to the approval of the financial manager of the person under consideration, (the protected person) to sell that person's residence in order to fund their ongoing care. The financial manager is the second respondent. The first respondent approved the sale proposal however the applicant (a daughter of the protected person) has sought review by the Tribunal of that decision on the basis that it is not necessary (from a financial perspective) and is contrary to the wishes of the protected person.