GVW v NSWTAG

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

GVW v NSWTAG [2025] NSWCATAD 134

Hearing dates:

8 May 2025

Date of orders:

12 June 2025

Decision date:

12 June 2025

Jurisdiction:

Administrative and Equal Opportunity Division

Before:

R Bailey, Senior Member

Decision:

The decision of the NSW Trustee and Guardian, dated 4 November 2024, declining the request to distribute a gift to the private managers from the proceeds of the sale of the protected person’s property is affirmed.

Catchwords:

Administrative Law

Merits Review – private managers appointed – NSW Trustee and Guardian refused a gift to the financial manager from protected person’s estate– private manager seeks review – whether gift is seasonal in nature – whether gift is for a special occasion- whether gift is a donation of the nature made by protected person when they had capacity- paramount consideration is the welfare and interests of the person subject to the financial management order – correct and preferable decision

Legislation Cited:

Administrative Decisions Review Act 1997 (NSW)

NSW Trustee and Guardian Act 2009 (NSW)

Guardianship Act 1987 (NSW)

Civil and Administrative Tribunal Act 2013 (NSW)

Powers of Attorney Act 2003 (NSW)

Cases Cited:

Holt v Protective Commissioner (1993) 31NSWLR 227

GPQ v NSW Trustee and Guardian [2025] NSWCATAD 26 (22 January 2025)

GCR v NSW Trustee and Guardian [2024] NSWCATAD 130 (20 May 2024)

Woodward v Woodward [2015] NSWSC 1793 (3 December 2015)

Texts Cited:

Powers of Attorney Second Edition 2014 Professor Gino Dal Bont

NSW Trustee and Guardian Bill 2009

Category:

Principal judgment

Parties:

GVW (First Applicant)
GZK (Second Applicant)

NSW Trustee and Guardian (Respondent)

Representation:

Counsel:
A Strik (Applicant)

Solicitor:
R Stormont (Respondent)

File Number(s):

2025/00030950

Publication restriction:

The publication of the name of the applicants 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 2014 (NSW).

REASONS FOR DECISION

Background

1. This hearing concerns a request to review a decision of the NSW Trustee and Guardian (the respondent), which refused a request to distribute a gift from the estate of a protected person, who has been given the acronym GZL, to his appointed financial managers, during his lifetime.

2. GZL is a protected person, because he is the subject of a financial management order, made by the Guardianship Division of the Tribunal, on 9 August 2021, pursuant to Section 25E of the Guardianship Act 1987 NSW (Guardianship Act).

3. He is a 75-year-old man, who lives in an aged care facility. Until 2021, he lived in his home in Earlwood (the Earlwood property). It is not in dispute that the protected person now lives with a diagnosis of Lewy Body dementia and cognitive impairment.

4. GZL has two adult children: a daughter, who has the acronym GVW, and a son, who has the acronym GZK. The Guardianship Division of the Tribunal has appointed GVW and GZK, on a joint and several basis, to manage their father’s affairs.

5. This application was initially submitted only by GVW…