Clark v NSW Trustee and Guardian [2019] NSWCATAD 73

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Clark v NSW Trustee and Guardian [2019] NSWCATAD 73 Hearing dates: 20 November 2018 and on the papers (Submissions closed 21 January 2019) Date of orders: 30 April 2019 Decision date: 30 April 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: (1) The decision of the respondent is set aside. (2) The matter is remitted to the respondent pursuant to s 65 (1) of the Administrative Decisions Review Act 1997 to make a fresh decision. Such decision to be completed by 16 May 2019 and conveyed to the applicant electronically on or before that date. (3) The matter is listed for further directions before Senior Member McAteer at 9:30am on 21 May 2019 (the applicant may appear by telephone by arrangement with the Registrar if he is overseas at that time). Catchwords: ADMINISTRATIVE LAW – Government Information (Public Access) Act -– GIPA –- meaning of excluded information – whether nature of information and term 'related to' can be ascertained from description of a process – whether determination as to whether to apply for administration constitutes exercising functions as executor, administrator or trustee capacity. Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 NSW Trustee and Guardian Act 2009 Probate and Administration Act 1898 Supreme Court Rules 1970 Uniform Coil Procedure Rules 2005 Cases Cited: McClymont v Department of Family and Community Services [2017] NSWCATAD 202 Shepherd and Department of Housing, Local Government and Planning (1984) QAR 464 Watson v NSW Trustee and Guardian [2015] NSWCATAD 139 Texts Cited: Nil Category: Principal judgment Parties: Bradley Roy Clark (Applicant) NSW Trustee and Guardian (Respondent) Representation: Solicitors: B Clark (Self Represented)(Applicant) Crown Solicitor's Officer (Respondent) File Number(s): 2018/00119958 Publication restriction: Nil