DSM v NSW Trustee and Guardian [2019] NSWCATAD 193

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DSM v NSW Trustee and Guardian [2019] NSWCATAD 193 Hearing dates: 19 June 2019 Date of orders: 16 September 2019 Decision date: 16 September 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: C A Mulvey, Senior Member Decision: (1) Leave is granted for DSM to file the application seeking administrative review of the decision made by the first respondent on 21 December 2018 to 7 February 2019. (2) The decision of the first respondent made on 21 December 2018 is set aside. (3) The first respondent is to proceed with the sale of the Family Home. (4) The first respondent is to provide in principle approval to purchase an apartment for MSD up to $1 million (including purchase costs). Catchwords: ADMINISTRATIVE LAW – review under section 62 NSW Trustee and Guardian Act 2009 (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 Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Guardianship Act 1987 NSW Trustee and Guardian Act 2009 (NSW) Powers of Attorney Act 2003 Cases Cited: McDonald v Guardianship Administration Board [1993] 1 VR 521 at 530 Texts Cited: None cited Category: Principal judgment Parties: DSM (Applicant) NSW Trustee and Guardian (First Respondent) DUA (Second Respondent) DUB (Third Respondent) Representation: Counsel: Mr M S Daniels (Applicant) Ms Garcia (Second and Third Respondents)