HZF - [2019] NSWCATGD 10

NSW Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation: HZF [2019] NSWCATGD 10
Hearing dates: 03 May 2019
Date of orders: 03 May 2019
Decision date: 03 May 2019
Jurisdiction: Guardianship Division
Before: S Roushan, Senior Member (Legal)
Dr L Tong, Senior Member (Professional)
A D Wannan, General Member (Community)
Decision:
Guardianship Application:

1. A guardianship order is made for HZF.

2. BZF is appointed as the guardian.

3. This is a continuing guardianship order for a period of 12 months from 3 May 2019.

4. This is a limited guardianship order giving the guardian(s) custody of HZF to the extent necessary to carry out the functions below.

FUNCTIONS:

5. The guardian has the following function:

a) Other Function

to make all necessary decisions regarding visa related matters that would ordinarily be made by HZF.

CONDITION:

6. The condition of this order is:

a) Standard Condition

In exercising this role the guardian shall take all reasonable steps to bring HZF to an understanding of the issues and to obtain and consider their views before making significant decisions.

Financial Management Application:

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

2. BZF is appointed as the financial manager of the estate.
NOTE: The financial manager is not authorised to deal with the estate (other than to protect the assets) until he/she has obtained all necessary authorities from the NSW Trustee and Guardian.
Catchwords: GUARDIANSHIP - application for a guardianship order - guardianship functions - guardianship function of making all necessary decisions regarding visa related matters - guardianship order made - appointment of private guardian
FINANCIAL MANAGEMENT - application for a financial management order - authority of financial manager - financial management order made - appointment of private financial manager
Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), cl 5(1) of Sch 6
Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 14, 14(2), 17(1), 21B, 25M
Cases Cited: C S and M Y v the Guardianship Tribunal and the Public Guardian (Supreme Court (NSW), Windeyer J, 29 November 1999, unrep
CJ v AKJ [2015] NSWSC 498
HH v HI and Protective Commissioner [2009] NSWADTAP 41
IF v IG [2004] NSWADTAP 3
MN v AN (1989) 16 NSWLR 525
NVQ [2016] NSWCATGD 38
P v NSW Trustee and Guardian [2015] NSWSC 579
Re B [2011] NSWSC 1075
ZBC v ZBD [2016] NSWCATAP 264
Texts Cited: Nil
Category: Principal judgment
Parties:
Financial Management Application:

HZF (the person)
BZF (applicant, carer)
NSW Trustee and Guardian

Guardianship Application:
HZF (the person)
BZF (applicant)
Public Guardian
PZF (spouse)
Representation: Nil

File Number(s): NCAT 2019/00089653
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 (s 65, Civil and Administrative Tribunal Act 2013 (NSW)).

REASONS FOR DECISION

HZF is 83 years old. She lives with her daughter and carer, BZF, in Sydney. HZF has another daughter, BYF, who…

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 HZF

Details

AGLC: HZF [2019] NSWCATGD 10
Case: [2019] NSWCATGD 10
Decision Date: 03 May 2019

CaseChat Overview and Summary

The parties involved in this case were HZF, the subject of the guardianship and financial management applications, and BZF, the appointed guardian and financial manager. The dispute centred around the need for a guardianship order to manage HZF's visa-related decisions and a financial management order to oversee HZF's estate. The case was heard in the NSW Supreme Court.

The court was required to decide whether to grant a guardianship order to manage HZF's visa-related decisions and a financial management order to oversee HZF's estate. The court also had to determine the scope of the functions and authority of the appointed guardian and financial manager.

The court found that a guardianship order was necessary for HZF to manage their visa-related decisions and appointed BZF as the guardian with the specific function of making all necessary decisions regarding visa-related matters. The court also found that a financial management order was necessary for HZF's estate and appointed BZF as the financial manager. The court noted that the financial manager is not authorised to deal with the estate until they have obtained all necessary authorities from the NSW Trustee and Guardian. The court made the guardianship order a limited guardianship order for a period of 12 months, with a condition that the guardian take all reasonable steps to bring HZF to an understanding of the issues and to obtain and consider their views before making significant decisions.

The court made a guardianship order for HZF, appointing BZF as the guardian with the function of making all necessary decisions regarding visa-related matters. The court also made a financial management order, subjecting HZF's estate to management under the NSW Trustee and Guardian Act 2009, and appointing BZF as the financial manager.

Orders

Orders of the court

Guardianship Application:

1. A guardianship order is made for HZF.

2. BZF is appointed as the guardian.

3. This is a continuing guardianship order for a period of 12 months from 3 May 2019.

4. This is a limited guardianship order giving the guardian(s) custody of HZF to the extent necessary to carry out the functions below.

FUNCTIONS:

5. The guardian has the following function:

a) Other Function

to make all necessary decisions regarding visa related matters that would ordinarily be made by HZF.

CONDITION:

6. The condition of this order is:

a) Standard Condition

In exercising this role the guardian shall take all reasonable steps to bring HZF to an understanding of the issues and to obtain and consider their views before making significant decisions.

Financial Management Application:

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

2. BZF is appointed as the financial manager of the estate.

NOTE: The financial manager is not authorised to deal with the estate (other than to protect the assets) until he/she has obtained all necessary authorities from the NSW Trustee and Guardian.

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:	HZF [2019] NSWCATGD 10
Hearing dates:	03 May 2019
Date of orders:	03 May 2019
Decision date:	03 May 2019
Jurisdiction:	Guardianship Division
Before:	S Roushan, Senior Member (Legal) Dr L Tong, Senior Member (Professional) A D Wannan, General Member (Community)
Decision:	Guardianship Application: 1. A guardianship order is made for HZF. 2. BZF is appointed as the guardian. 3. This is a continuing guardianship order for a period of 12 months from 3 May 2019. 4. This is a limited guardianship order giving the guardian(s) custody of HZF to the extent necessary to carry out the functions below. FUNCTIONS: 5. The guardian has the following function: a) Other Function to make all necessary decisions regarding visa related matters that would ordinarily be made by HZF. CONDITION: 6. The condition of this order is: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring HZF to an understanding of the issues and to obtain and consider their views before making significant decisions. Financial Management Application: 1. The estate of HZF is subject to management under the NSW Trustee and Guardian Act 2009. 2. BZF is appointed as the financial manager of the estate. NOTE: The financial manager is not authorised to deal with the estate (other than to protect the assets) until he/she has obtained all necessary authorities from the NSW Trustee and Guardian.
Catchwords:	GUARDIANSHIP - application for a guardianship order - guardianship functions - guardianship function of making all necessary decisions regarding visa related matters - guardianship order made - appointment of private guardian FINANCIAL MANAGEMENT - application for a financial management order - authority of financial manager - financial management order made - appointment of private financial manager
Legislation Cited:	Civil and Administrative Tribunal Act 2013 (NSW), cl 5(1) of Sch 6 Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 14, 14(2), 17(1), 21B, 25M
Cases Cited:	C S and M Y v the Guardianship Tribunal and the Public Guardian (Supreme Court (NSW), Windeyer J, 29 November 1999, unrep CJ v AKJ [2015] NSWSC 498 HH v HI and Protective Commissioner [2009] NSWADTAP 41 IF v IG [2004] NSWADTAP 3 MN v AN (1989) 16 NSWLR 525 NVQ [2016] NSWCATGD 38 P v NSW Trustee and Guardian [2015] NSWSC 579 Re B [2011] NSWSC 1075 ZBC v ZBD [2016] NSWCATAP 264
Texts Cited:	Nil
Category:	Principal judgment
Parties:	Financial Management Application: HZF (the person) BZF (applicant, carer) NSW Trustee and Guardian Guardianship Application: HZF (the person) BZF (applicant) Public Guardian PZF (spouse)
Representation:	Nil
File Number(s):	NCAT 2019/00089653
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 (s 65, Civil and Administrative Tribunal Act 2013 (NSW)).