SFX [2018] NSWCATGD 15

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: SFX [2018] NSWCATGD 15 Hearing dates: On the papers Date of orders: 02 August 2018 Decision date: 02 August 2018 Jurisdiction: Guardianship Division Before: C P Fougere, Principal Member Decision: The financial management order made in relation to SFX made on 26 September 2017 is set aside. Catchwords: SET ASIDE – Application to set aside financial management order (Regulation 9) – whether absence resulted in case not being adequately put – exercise of discretion – failure to take reasonable steps to ascertain views – real likelihood of injustice Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 41 Civil and Administrative Tribunal Regulation 2013 (NSW), cls 9, 9(1)(b), 9(3), 13(4)(a) Civil and Administrative Tribunal Rules 2014 (NSW) Consumer Claims Act 1998 (NSW) Guardianship Act 1987 (NSW), ss 4, 4(b)-(d), 4(f) NSW Trustee and Guardian Act 2009 (NSW) Cases Cited: Coffey v Coffey (No. 2) [2015] NSWSC 338 H v H [2015] NSWSC 837 Hammond v Ozzy's Cheapest Cars Pty Ltd t/as Ozzy Car Sales [2015] NSWCATAP 65 Murphy v Doman (2003) 58 NSWLR 51 Scott v Scott [2012] NSWSC 1541 Texts Cited: Nil Category: Principal judgment Parties: 003: Set aside/Vary Application for Finalising Order(s)

SFX (the person, applicant) OZS (appointed financial manager) UAX (appointed financial manager) NSW Trustee and Guardian Representation: Nil File Number(s): NCAT 2013/00391489 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)).