MGV [2017] NSWCATGD 40

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: MGV [2017] NSWCATGD 40 Hearing dates: 17 November 2017 Date of orders: 17 November 2017 Decision date: 17 November 2017 Jurisdiction: Guardianship Division Before: A Britton, Principal Member A M Matheson, Senior Member (Professional) F E Hilson, General Member (Community) Decision: The application is dismissed because the Tribunal has no jurisdiction. Catchwords: GUARDIANSHIP – interlocutory issues – whether the Tribunal has jurisdiction to make a guardianship order where subject person is resident of Queensland at the time of the hearing – extraterritorial application of Guardianship Act 1987 (NSW) – rebuttable presumption – application dismissed Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Guardianship Act 1987 (NSW) Guardianship and Administration Act 2000 (Qld) Cases Cited: JAK [2007] NSWGT 23 Jumbunna Coal Mine the Victorian Cold Miners' Association (1908) 6 CLR 309; [1908] HCA 95 Kumagai Gumi Co Ltd v FCT [1999] FCA 235; (1999) 161 ALR 699 Pearce v Florence (1976) 135 CLR 507; [1976] HCA 26 Union Steamship Company of Australia Pty Ltd v King (1988) 166 CLR 1; [1988] HCA 55 Texts Cited: Nil Category: Principal judgment Parties: Mr MGV (the person) Mr QAV (applicant) Ms HZA (enduring guardian, spouse) Ms SYG (enduring guardian) The NSW Public Guardian Representation: D Emery (Solicitor for Mr MGV) File Number(s): 2017/00205062 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)).