GPQ v NSW Trustee and Guardian

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

GPQ v NSW Trustee and Guardian [2025] NSWCATAD 26

Hearing dates:

8 November 2024

Date of orders:

22 January 2025

Decision date:

22 January 2025

Jurisdiction:

Administrative and Equal Opportunity Division

Before:

K Ransome, Principal Member

Decision:

The decision under review is affirmed.

Catchwords:

ADMINISTRATIVE LAW – person under financial management order – whether gift to grandson should be approved – capacity of person to make gift – relevance of history and other circumstances in absence of capacity

Legislation Cited:

Administrative Decisions Review Act 1997

Civil and Administrative Tribunal Act 2013

NSW Trustee and Guardian Act 2009

NSW Trustee and Guardian Regulation 2017

Cases Cited:

Tannous v Commissioner of Police [2011] NSWADT 116

Texts Cited:

Nil

Category:

Principal judgment

Parties:

GPQ (Applicant)
GVR (Interested party)
NSW Trustee and Guardian (Respondent)

Representation:

GPQ and GVR (self-represented)

Solicitor:
Trustee and Guardian (Respondent)

File Number(s):

2024/00318678

Publication restriction:

The publication of the name of the applicant or any other person mentioned in these Reasons for Decision is prohibited pursuant to Section 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW).

REASONS FOR DECISION

1. This matter concerns a decision made by the NSW Trustee and Guardian (NSW Trustee) to decline to provide $5,000 from the funds of the estate of the protected person to the son of the applicant, GPQ, as a contribution towards or as a gift for his upcoming wedding. An order was made at the hearing joining GPQ’s son as an interested party to the proceedings and he has been given the pseudonym GVR. The protected person is the father of GPQ and grandfather of GVR.

2. Orders have previously been made under s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 restricting the publication of the name of the parties and the protected person.

3. GPQ and GVR have sought review of the decision to decline to provide GVR with $5,000 as a gift from the protected person’s estate.

Background

4. On 11 March 2022 the Guardianship Division of the Tribunal appointed the NSW Trustee as the financial manager of the estate of the protected person. On the same date the Public Guardian was appointed as his guardian with various functions. At the time the orders were made GPQ’s father was living alone and had a diagnosis of dementia and moderate to severe cognitive impairment. He is now 90 years old and lives in an aged care facility.

5. On 8 February 2024 GPQ made a request that her father gift GVR $5,000 towards the cost of his wedding in 2025. The protected person’s estate holds sufficient funds to support the request and the request would have no significant impact on his financial position. The request was, however, declined on the basis that there was insufficient evidence that the gift would be in accordance with the protected person’s intentions.

The application for review

6. The Tribunal has administrative review jurisdiction over a decision, or class of decisions, of an administrator if enabling legislation…