Bellamy v Bellamy [2018] NSWSC 534

Supreme Court New South Wales

Medium Neutral Citation: Bellamy v Bellamy [2018] NSWSC 534 Hearing dates: 5, 9 April 2018 Date of orders: 09 April 2018 Decision date: 09 April 2018 Jurisdiction: Equity - Duty List Before: Parker J Decision: Summons dismissed. Catchwords: ADMINISTRATIVE LAW – administrative tribunals – NCAT – Civil and Administrative Tribunal Act 2013 (NSW), s 64 – urgent ex parte application – judicial review – where the plaintiff challenges the tribunal's refusal to make an order under s 64(1)(d) so that documents about the plaintiff's financial affairs could not be produced to the defendant – whether failure of the tribunal to make an order to confine the disclosure of documents was an error – natural justice – the rules of natural justice do not apply to a party with no legal interest in the outcome of tribunal proceedings

GUARDIANSHIP – Guardianship Act 1987 (NSW), s 25G – grounds for making a financial management order – whether a person is "capable" of managing their financial affairs – whether a person of sound mental capacity can fail the "capability" test – whether information about a person's financial affairs is relevant to "capability" – "capability" has a wide definition – information about the plaintiff's financial affairs cannot be found to be "irrelevant to the question of capability" – NCAT is not bound by the rules of evidence – the way a "hearing is conducted is a matter for the tribunal" – NCAT decision upheld Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 64 Guardianship Act 1987 (NSW), ss 25E, 25G, 6J Cases Cited: Patricia Ewart Bellamy (Unreported, New South Wales Civil and Administrative Tribunal Guardianship Division, Senior Member Legal Moir, 28 March 2018) Category: Principal judgment Parties: Patricia Ewart Bellamy (Plaintiff) Skye Bellamy (First Defendant) David Bellamy (Second Defendant) Sheena Bellamy (Third Defendant) NSW Trustee and Guardian (Fourth Defendant) NSW Civil & Administrative Tribunal (Fifth Defendant) Representation: Counsel: MM Pringle (Plaintiff) J Merkel (First Defendant) J McCarthy (Fourth Defendant)