DKF v NSW Trustee & Guardian [2018] NSWCATAD 237

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DKF v NSW Trustee & Guardian [2018] NSWCATAD 237 Hearing dates: 19 April 2018 Date of orders: 10 October 2018 Decision date: 10 October 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Senior Member Decision: (1) The he decision of the first respondent that the back deck and stairs of the mother's home be replaced is varied to repair and replace (where necessary) the back deck and stairs of the mother's home, subject to the first respondent urgently obtaining a quote from two independent licensed and appropriately experienced builders as to the costs of repairing and/or replacing the back deck and stairs as recommended in the Close Consultants report.

(2) The decision of the first respondent to lease the mother's home on the basis of a non-renewable lease for a period 6 months each year is set aside and in substitution of that decision the following decision is made: (a) Approval is given to DKF's daughter and her husband to use and occupy the mother's home on the basis of the requirements of cl 8(7)(b) of Sch 1A of the Land Tax Management Act 1956 (NSW), subject to: (i) to DKF's daughter and partner making a written request to the first respondent to occupy and use the mother's home on this basis; and

(ii) the first respondent obtains independent tax and legal advice in regard to any agreement that is proposed to give effect to an occupation and use of the mother's home on the basis of cl 8(7)(b) of Sch 1A of the Land Tax Management Act 1956 (NSW).

(3) The decision of the first respondent that DKL have ongoing use of the property in accordance with the September 2015 decision is not the correct and preferred decision and is set aside and remitted for reconsideration by the first respondent in accordance with the findings and recommendations in these reasons for decision.