DXH - [2020] NSWCATGD 63

NSW Civil and Administrative Tribunal

New South Wales

Amendment notes

Medium Neutral Citation: DXH [2020] NSWCATGD 63
Hearing dates: 3 August 2020
Date of orders: 3 August 2020
Decision date: 03 August 2020
Jurisdiction: Guardianship Division
Before: K A McMahon, Senior Member (Legal)
S E Taylor, Senior Member (Professional)
D Crowley, General Member (Community)
Decision:
1. The estate of DXH is subject to management under the NSW Trustee and Guardian Act 2009 (NSW).
2. The management of the estate of DXH is committed to the NSW Trustee and Guardian.
3. This order be reviewed by the Tribunal within six months.

Catchwords:
FINANCIAL MANAGEMENT – application for a financial management order – capability to manage own affairs – knowledgeable about income and expenditure but symptoms of illness impact on ability to manage affairs – risk of homelessness due to non-payment of rent – order by Consumer and Commercial Division of NCAT for payment of arrears – best interests – financial management order made

Legislation Cited:
Guardianship Act 1987 (NSW), ss 4, 25M

Cases Cited:
CJ v AKJ [2015] NSWSC 498
McD v McD (1983) 3 NSWLR 81
P v NSW Trustee and Guardian [2015] NSWSC 579
P v R [2003] NSWSC 819
PB v BB [2013] NSWSC 1223
Re D [2012] NSWSC 1006
Re W and L (Parameters of Protected Estate Management Orders) [2014] NSWSC 1106

Texts Cited:
Nil

Category: Principal judgment
Parties:
001: Financial Management Application
DXH (the person)
KZE (applicant)
NSW Trustee and Guardian (proposed financial
manager)
Representation: Nil

File Number(s): NCAT 2020/00166425
Publication restriction: Decisions of the Guardianship Division of the Civil and Administrative Tribunal have been anonymised to remove any information that may identify any person involved in the Tribunal’s proceedings: Civil and Administrative Tribunal Act 2013 (NSW), s 65.

REASONS FOR DECISION

What the Tribunal decided

We made a financial management order in relation to DXH and committed the management of his estate to the NSW Trustee and Guardian.

Background

DXH is 36 years of age. He currently resides in Community Housing at regional NSW. DXH moved to his current accommodation earlier this year following an admission to the mental health unit at a public hospital. DXH has a diagnosis of schizophrenia and has had previous admissions to mental health units. DXH receives a disability support pension.
KZE, Social Worker and Mental Health Case Manager, brings an application for a financial manager to be appointed for DXH. KZE states that DXH is still recovering from the relapse of his schizophrenia leading to his admission and which impacts on his ability to manage his financial affairs. In particular, KZE is concerned about rental arrears accumulated by DXH and that he is at risk of losing his accommodation.

The hearing

At the end of these Reasons for Decision are lists of the parties to the application and the witnesses who attended the hearing. [Appendix removed for publication.]

What did the Tribunal have to decide?

The questions to be considered by the Tribunal are:

Is DXH incapable of managing…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading DXH

Details

AGLC: DXH [2020] NSWCATGD 63
Case: [2020] NSWCATGD 63
Decision Date: 03 August 2020

CaseChat Overview and Summary

DXH applied to the Consumer and Commercial Division of the New South Wales Civil and Administrative Tribunal (NCAT) for a financial management order, due to concerns about their ability to manage their own financial affairs. The primary issue before the Tribunal was whether DXH had the capability to manage their own financial affairs, given their symptoms of illness and the risk of homelessness resulting from non-payment of rent. The Tribunal needed to determine if a financial management order was necessary in the best interests of DXH, considering their understanding of their income and expenditure but their impaired ability to manage their financial affairs.

The Tribunal considered DXH's knowledge of their income and expenditure but also recognised that symptoms of their illness impacted their ability to manage their affairs effectively. The evidence presented indicated a significant risk of homelessness due to non-payment of rent, which highlighted the need for intervention. The Tribunal found that DXH's condition placed them at risk of making poor financial decisions that could result in significant detriment to their wellbeing. Given these circumstances, the Tribunal concluded that a financial management order was necessary in the best interests of DXH to ensure their financial affairs were managed appropriately and to prevent homelessness.

Consequently, the Tribunal made a financial management order under the NSW Trustee and Guardian Act 2009, subjecting DXH's estate to management by the NSW Trustee and Guardian. The order mandated the management of DXH's estate to be committed to the NSW Trustee and Guardian, with a review of the order by the Tribunal within six months to ensure that the management arrangement remained in the best interests of DXH. This decision aimed to protect DXH's financial interests and mitigate the risks associated with their inability to manage their affairs due to their illness.

Orders

Orders of the court

1. The estate of DXH is subject to management under the NSW Trustee and Guardian Act 2009 (NSW).

2. The management of the estate of DXH is committed to the NSW Trustee and Guardian.

3. This order be reviewed by the Tribunal within six months.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	DXH [2020] NSWCATGD 63
Hearing dates:	3 August 2020
Date of orders:	3 August 2020
Decision date:	03 August 2020
Jurisdiction:	Guardianship Division
Before:	K A McMahon, Senior Member (Legal) S E Taylor, Senior Member (Professional) D Crowley, General Member (Community)
Decision:	1. The estate of DXH is subject to management under the NSW Trustee and Guardian Act 2009 (NSW). 2. The management of the estate of DXH is committed to the NSW Trustee and Guardian. 3. This order be reviewed by the Tribunal within six months.
Catchwords:	FINANCIAL MANAGEMENT – application for a financial management order – capability to manage own affairs – knowledgeable about income and expenditure but symptoms of illness impact on ability to manage affairs – risk of homelessness due to non-payment of rent – order by Consumer and Commercial Division of NCAT for payment of arrears – best interests – financial management order made
Legislation Cited:	Guardianship Act 1987 (NSW), ss 4, 25M
Cases Cited:	CJ v AKJ [2015] NSWSC 498 McD v McD (1983) 3 NSWLR 81 P v NSW Trustee and Guardian [2015] NSWSC 579 P v R [2003] NSWSC 819 PB v BB [2013] NSWSC 1223 Re D [2012] NSWSC 1006 Re W and L (Parameters of Protected Estate Management Orders) [2014] NSWSC 1106
Texts Cited:	Nil
Category:	Principal judgment
Parties:	001: Financial Management Application DXH (the person) KZE (applicant) NSW Trustee and Guardian (proposed financial manager)
Representation:	Nil
File Number(s):	NCAT 2020/00166425
Publication restriction:	Decisions of the Guardianship Division of the Civil and Administrative Tribunal have been anonymised to remove any information that may identify any person involved in the Tribunal’s proceedings: Civil and Administrative Tribunal Act 2013 (NSW), s 65.