Civil and Administrative Tribunal
New South Wales
Medium Neutral Citation: CCP v NSW Trustee and Guardian [2015] NSWCATAD 256 Hearing dates: On the papers Date of orders: 07 December 2015 Decision date: 07 December 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: J Kelly, Senior Member Decision: The Tribunal does not have jurisdiction to determine the application for review of the respondent’s decision.
Catchwords: JURISDICTION – financial management order – management terminated by death - alleged failure to manage estate causing loss - application for reimbursement to estate Legislation Cited: NSW Trustee and Guardian Act 2009 ss 10(2), 16(1), 55 to 59, 62, 93, 94, 95
NSW Trustee and Guardian Regulation 2008
Administrative Decisions Review Act 1997 s 63(2)Cases Cited: BNI v NSW Trustee and Guardian [2015] NSWCATAD 69
CU v Protective Commissioner (No. 2) (GD) [2009] NSWADTAP 26
Davies v Protective Commissioner (GD) [2008] NSWADTAP 59
Commonwealth of Australia v Shaw [2006] NSWCA 209; 66 NSWLR 325Texts Cited: Australian Concise Oxford Dictionary Category: Procedural and other rulings Parties: CCP (Applicant)
NSW Trustee and Guardian (Respondent)Representation: Counsel:
Solicitors:
CCP (Applicant in Person)
NSW Trustee and Guardian (Respondent)
File Number(s): 1510471
Judgment
The decision to be reviewed
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The applicant, CCP, seeks the review of the decision made by the Director Finance and Client Funds Management of the NSW Trustee and Guardian not to approve reimbursement of $7,167.17 withdrawn from her late brother’s bank account during the period he was under a Financial Management Order (FMO) appointing NSW Trustee and Guardian (the respondent) as the manager. The decision is undated. I refer to the decision as “the respondent’s decision”. The applicant stated that she was notified of it on 10 November 2014. She applied to the Tribunal on 16 July 2015.
The issue in the case
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The issue in this case is whether the Tribunal has jurisdiction to review that decision. For the reasons that follow, I have decided that it does not.
Background
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The FMO over the affairs of the applicant’s brother was made on 18 March 2014 or 2 April 2014 by the Guardianship Tribunal. Both dates are mentioned in the material filed in this case. The applicant’s brother died on 18 July 2014.
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The Tribunal also appointed the Public Guardian to make decisions about the applicant’s brother’s accommodation, health care, medical and dental treatment and access to services.
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I do not have a copy of the decision making that order and appointment.
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The applicant claims that the respondent did not manage her brother’s financial affairs properly, allowing $7,167.17 of unauthorised debit transactions from a bank account during the above period. She has described that conduct in various ways including as negligent and failing to review and investigate bank statements received during the three months of financial management.
Submissions
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Pursuant to directions Deputy President Hennessy made on 29 September 2015, the respondent filed submissions in support of its claim that the Tribunal has no jurisdiction and the applicant filed submissions in reply. The matter has been…
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- Case
- [2015] NSWCATAD 256
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether it had the jurisdiction to review the decision of the NSW Trustee and Guardian regarding the estate's management and the subsequent claim for reimbursement. The court needed to determine whether the application fell within the scope of its jurisdiction under the relevant legislation and whether the application was made within the appropriate timeframe.
In deciding the matter, the court examined the statutory framework governing the NSW Trustee and Guardian's responsibilities and the process for reviewing its decisions. The court concluded that the application for reimbursement did not fall within the jurisdiction of the Federal Circuit Court. The court found that the statutory provisions did not provide for the court to review decisions of the NSW Trustee and Guardian regarding estate management, nor did they allow for claims for reimbursement in the context presented. Additionally, the court determined that the application was not made within the prescribed timeframe, further confirming the lack of jurisdiction.
Consequently, the court held that it did not have jurisdiction to determine the application for review of the NSW Trustee and Guardian's decision. The application was dismissed, and no orders were made in favour of the CCP. The court's decision was based on the lack of jurisdictional authority and the untimeliness of the application.
Orders
Orders of the court
The Tribunal does not have jurisdiction to determine the application for review of the respondent’s decision.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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