GDR v NSW Trustee and Guardian - [2024] NSWCATAD 211

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation: GDR v NSW Trustee and Guardian [2024] NSWCATAD 211
Hearing dates: On the papers
Date of orders: 30 July 2024
Decision date: 30 July 2024
Jurisdiction: Administrative and Equal Opportunity Division
Before: P H Molony, Senior Member
Decision:
(1) A hearing with respect to the applicant’s request for confidentiality orders and the respondent’s application for summary dismissal is dispensed with.
(2) The disclosure and publication of the applicant’s name is prohibited under s 64 of the Civil and Administrative Tribunal Act 2013.
(3) The applicant’s name shall be anonymised for the purpose of these proceedings.
(4) The application for administrative review is dismissed under s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 on the grounds that it is misconceived and lacking in substance.

Catchwords:
ADMINISTRATIVE LAW – administrative review of a decision by NSW Trustee and Guardian under Division 2 Part 4.5 of the NSW Trustee and Guardian Act 2009 to approve appointed manager’s sale of managed persons real property – financial management order revoked after internal review decision – NCAT cannot make orders on review under s 63 of the Administrative Decisions Review Act 1997 because estate no longer under management – proceedings dismissed under s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 as misconceived and lacking in substance.

Legislation Cited:
Administrative Decisions Review Act 1997 (NSW)
Civil and Administrative Tribunal Act 2013
Guardianship Act 1987 (NSW)
NSW Trustee and Guardian Act 2009 (NSW)
Protected Estates Act 1983 (NSW) (Repealed)

Cases Cited:
Attorney-General v Wentworth (1988) 14 NSWLR 481
BDK v Department of Education and Communities [2015] NSWCATAP 129
BNI v NSW Trustee and Guardian [2015] NSWCATAD 69
Choi v University of Technology Sydney [2019] NSWCATAD 176
CCP v NSW Trustee and Guardian [2015] NSWCATAD 256
Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409
DRJ v Commissioner of Victims Rights [2020] NSWCA 136
Misrachi v The Public Guardian [2019] NSWCA 67
The Owners – Strata Plan No. 92334 v Piety Capital Pty Ltd [2019] NSWCATCD 22
State Electricity Commission of Victoria v Rabel [1998] 1 VR 102
State of NSW (Justice Health) v Dezfouli [2021] NSWADTAP 69
Re R [2014] NSWSC 1810

Texts Cited:
None

Category: Principal judgment
Parties: Applicant: GDR
Respondent: NSW Trustee and Guardian
Representation: Applicant: (Self-represented)
Respondent: R Stormont

File Number(s): 2024/00025631
Publication restriction: Section 64 order prohibiting disclosure or publication of the applicant’s name.

reasons for decision

Background.

On 22 January 2024 GDR made an application to the Tribunal seeking administrative review (the application) of a decision made on internal review by the NSW Trustee & Guardian (the Trustee) on 11 January 2024. That decision affirmed an earlier decision by the Trustee to give approval to GDR’s son, who was the appointed private manager of GDR’s estate (the financial manager), to sell a property belonging to GDR.
From 18 July 2007 until 16 January 2024 GDR was subject to financial management orders placing his estate under management.

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.

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Details

Case: [2024] NSWCATAD 211
Decision Date: 30 July 2024

CaseChat Overview and Summary

GDR, a managed person, sought judicial review of a decision by the NSW Trustee and Guardian to approve the sale of their real property by an appointed manager. The dispute arose from the revocation of a financial management order and the subsequent approval of the sale by the NSW Trustee and Guardian. The matter was brought before the Civil and Administrative Tribunal (CAT) in Australia. The central legal issue in the case was whether the CAT could exercise its jurisdiction to review the decision made by the NSW Trustee and Guardian. Specifically, the court needed to determine whether the tribunal could make orders under section 63 of the Administrative Decisions Review Act 1997, given that the estate was no longer under management following the revocation of the financial management order.

The CAT found that it lacked the jurisdiction to review the decision of the NSW Trustee and Guardian because the estate was no longer under management. The court held that once the financial management order was revoked, the estate ceased to be subject to the administrative oversight that would typically confer jurisdiction on the CAT. Consequently, the CAT determined that it could not make orders on review under section 63 of the Administrative Decisions Review Act 1997. Furthermore, the tribunal found the application to be misconceived and lacking in substance, leading to the dismissal of the proceedings under section 55(1)(b) of the Civil and Administrative Tribunal Act 2013. The CAT also ordered that the applicant's name be anonymised for the purposes of these proceedings and prohibited the disclosure and publication of the applicant's name under section 64 of the Civil and Administrative Tribunal Act 2013.

Orders

Orders of the court

(1) A hearing with respect to the applicant’s request for confidentiality orders and the respondent’s application for summary dismissal is dispensed with.

(2) The disclosure and publication of the applicant’s name is prohibited under s 64 of the Civil and Administrative Tribunal Act 2013.

(3) The applicant’s name shall be anonymised for the purpose of these proceedings.

(4) The application for administrative review is dismissed under s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 on the grounds that it is misconceived and lacking in substance.

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:	GDR v NSW Trustee and Guardian [2024] NSWCATAD 211
Hearing dates:	On the papers
Date of orders:	30 July 2024
Decision date:	30 July 2024
Jurisdiction:	Administrative and Equal Opportunity Division
Before:	P H Molony, Senior Member
Decision:	(1) A hearing with respect to the applicant’s request for confidentiality orders and the respondent’s application for summary dismissal is dispensed with. (2) The disclosure and publication of the applicant’s name is prohibited under s 64 of the Civil and Administrative Tribunal Act 2013. (3) The applicant’s name shall be anonymised for the purpose of these proceedings. (4) The application for administrative review is dismissed under s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 on the grounds that it is misconceived and lacking in substance.
Catchwords:	ADMINISTRATIVE LAW – administrative review of a decision by NSW Trustee and Guardian under Division 2 Part 4.5 of the NSW Trustee and Guardian Act 2009 to approve appointed manager’s sale of managed persons real property – financial management order revoked after internal review decision – NCAT cannot make orders on review under s 63 of the Administrative Decisions Review Act 1997 because estate no longer under management – proceedings dismissed under s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 as misconceived and lacking in substance.
Legislation Cited:	Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 Guardianship Act 1987 (NSW) NSW Trustee and Guardian Act 2009 (NSW) Protected Estates Act 1983 (NSW) (Repealed)
Cases Cited:	Attorney-General v Wentworth (1988) 14 NSWLR 481 BDK v Department of Education and Communities [2015] NSWCATAP 129 BNI v NSW Trustee and Guardian [2015] NSWCATAD 69 Choi v University of Technology Sydney [2019] NSWCATAD 176 CCP v NSW Trustee and Guardian [2015] NSWCATAD 256 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 DRJ v Commissioner of Victims Rights [2020] NSWCA 136 Misrachi v The Public Guardian [2019] NSWCA 67 The Owners – Strata Plan No. 92334 v Piety Capital Pty Ltd [2019] NSWCATCD 22 State Electricity Commission of Victoria v Rabel [1998] 1 VR 102 State of NSW (Justice Health) v Dezfouli [2021] NSWADTAP 69 Re R [2014] NSWSC 1810
Texts Cited:	None
Category:	Principal judgment
Parties:	Applicant: GDR Respondent: NSW Trustee and Guardian
Representation:	Applicant: (Self-represented) Respondent: R Stormont
File Number(s):	2024/00025631
Publication restriction:	Section 64 order prohibiting disclosure or publication of the applicant’s name.