Bey v NSW Trustee and Guardian

NSW Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:	BEY v NSW Trustee and Guardian [2014] NSWCATAD 87
Hearing dates:	29 April 2014
Decision date:	03 July 2014
Jurisdiction:	Administrative and Equal Opportunity Division
Before:	L Goodchild, Senior member
Decision:	The decision under review is affirmed
Catchwords:	NSW Trustee and Guardian - decision to sell home - best interest - financial management order
Legislation Cited:	Guardianship Act 1987 NSW Trustee and Guardian Act 2009
Cases Cited:	Protective Commissioner v. D & Ors (2004) NSWCA 216
Category:	Principal judgment
Parties:	BEY (Applicant) NSW Trustee and Guardian (Respondent)
Representation:	BEY (Applicant in person) Ms Stormont NSW Trustee and Guardian (Respondent)
File Number(s):	1410056
Publication restriction:	S64 Civil and Administrative Tribunal Act 2013

reasons for decision

INTRODUCTION

1. These proceedings were commenced by the applicant, BEY, filing an Application for Review of a decision made by the NSW Trustee and Guardian (NSWTG), that a residential property in Sydney owed by BEY's mother should be sold. BEY's mother, Mrs JF, is 88 years old. She has dementia and is living in a nursing home in Western Australia. She has two sons including BEY. Her other son, SF, resides in Western Australia. The property was the family home for many years and the home where Mrs JF resided before she moved to Western Australia in July 2012 and became a resident in nursing home accommodation.

1. The decision was made to sell the JF's home by the respondent, NSW NSWTG pursuant to its appointment as financial manager of Mrs JF's financial affairs.

1. JF's two sons, sadly, have a hostile relationship. The applicant contends that it is in the best interests of his mother for the property to be leased. The son in Western Australia contends that it is his mother's wish is for the property to be sold and he supports that course.

BACKGROUND TO THE DECISION THE SUBJECT OF REVIEW

1. This is a review of a decision made under Part 3A of the Guardianship Act 1987.

1. On 14 March 2013, the Guardianship Tribunal made a decision committing the management of the estate of Mrs JF to NSW Trustee & Guardian (NSWTG).

1. On 23 July 2013, the property branch of NSWTG recommended leasing the index property.

1. Mr John Neely, Assistant Director Client Services, on 1 October 2013 decided to lease the protected persons property via a formal lease agreement.

1. SF made a request for an Internal Review on 18 December 2013. In summary, SF cites the following grounds in his review request:

1. The cost of repairs/maintenance to achieve maximum rental is between $5,000.00 and $50,000 depending on the scope of work carried out.

1. The cost to prepare the property for sale is minimal.

1. Land Tax, insurance and agents fees lessen the return from rental and the protected person anticipates it may take up to 10 years to recoup these costs.

1. That the protected person wishes to sell the property.

1. In accordance with s.53 of the Administrative Decisions Tribunal Act 1997 (NSW), Elaine Tamblyn, Assistant Director…