DRT & DRS v NSW Trustee and Guardian [2019] NSWCATAD 88

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DRT & DRS v NSW Trustee and Guardian [2019] NSWCATAD 88 Hearing dates: 8 April 2019 Date of orders: 20 May 2019 Decision date: 20 May 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: C A Mulvey, Senior Member Decision: 1. The order made on 29 January 2019 to stay the decision of the NSW Trustee and Guardian dated 26 September 2018 and affirmed on internal review on 16 November 2018 is revoked. 2. The decision of the NSW Trustee and Guardian dated 26 September 2018 and affirmed on internal review on 16 November 2018 is affirmed. Catchwords: ADMINISTRATIVE LAW – review under section 62 NSW Trustee and Guardian Act 2009 (NSW) – NSW Trustee and Guardian - interests and welfare of protected person – whether to sell a protected persons property – financial management order. Legislation Cited: Administrative Decisions Review Act 1997(NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Guardianship Act 1987 Powers of Attorney Act 2003 Cases Cited: McDonald v Guardianship Administration Board [1993] 1 VR 521 at 530 Category: Principal judgment Parties: DST and DSR (applicant)

NSW Trustee and Guardian (respondent) Representation: DRS (applicant)

Mr Mackey - solicitor (respondent) File Number(s): 2019/00014333 Publication restriction: Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 the Tribunal restricts disclosure of the name of the applicant, his victims or of evidence given and received in the Tribunal hearing or in relation to the proceedings which is likely to identify those persons.