Maria (a pseudonym) - [2024] NSWCATGD 27

NSW Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation: Maria (a pseudonym) [2024] NSWCATGD 27
Hearing dates: 20 December 2024
Date of orders: 20 December 2024
Decision date: 20 December 2024
Jurisdiction: Guardianship Division
Before: S L Handebo, Principal Member
Decision:
The Financial Management order for Maria made on 16 May 2018 has been reviewed. The order now is as follows:
1. The appointment of Lana of [address removed for publication] as the financial manager(s) of the estate of Maria is revoked.
2. The estate of Maria is subject to management under the NSW Trustee and Guardian Act 2009 (NSW).
3. The management of the estate of Maria is committed to the NSW Trustee and Guardian.
4. Lana is to hand over or pay over the estate to NSW Trustee and Guardian of Justice Precinct Offices, Ground floor, 160 Marsden Street PARRAMATTA NSW 2124.

Catchwords:
FINANCIAL MANAGEMENT – review of financial management order – whether the financial management order should be revoked – whether it is in the best interests of the subject person that the financial management order be revoked – where the appointed financial manager has failed to comply with the directions and authorities of the NSW Trustee and Guardian – where the appointed financial manager and the subject person currently reside overseas – order revoked.

Legislation Cited:
Guardianship Act 1987 (NSW), ss 4, 25M, 25M(2)(b), NSW Trustee and Guardian Act 2009 (NSW), Div 2 of Pt 4.5

Cases Cited:
Application by AMAM; Re SAM [2011] NSWSC 503
Holt & Anor v Protective Commissioner (1993) 31 NSWLR 227
M v M [2013] NSWSC 1495

Texts Cited:
NSW Trustee and Guardian, “Private Manager’s Handbook”
14 July 2025

Category: Principal judgment
Parties:
007: Review or Revoke Financial Management Order
Maria (the person)
NSW Trustee and Guardian (applicant)
Lana (appointed financial manager)
Representation: None.

File Number(s): NCAT 2018/00056320
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

Maria is an 87-year-old woman who ordinarily lives with her niece and carer, Lana, in her own home in a suburb in the Upper North Shore region of Sydney. At the time of the Hearing, Maria and Lana were residing in Taiwan.
On 16 May 2018, the Tribunal appointed Lana as Maria’s financial manager, subject to the authorities and directions of the NSW Trustee and Guardian. On the same date the Tribunal appointed Lana as Maria’s guardian. This order has subsequently been reviewed. Most recently, on 25 May 2023 the Tribunal reappointed Lana as Maria’s guardian for a period of three years with the functions of accommodation, services, health care and medical/dental consent.
On 11 December 2024, the Tribunal received an urgent request from the NSW Trustee and Guardian seeking a review of the financial management order made on 16 May 2018.
These Reasons for Decision relate to the…

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 Maria (a pseudonym)

Details

AGLC: Maria (a pseudonym) [2024] NSWCATGD 27
Case: [2024] NSWCATGD 27
Decision Date: 20 December 2024

CaseChat Overview and Summary

The case involved a review of a financial management order for Maria, a pseudonym, where the appointed financial manager, Lana, had failed to comply with the directions and authorities of the NSW Trustee and Guardian. The subject person and Lana currently reside overseas. The court was tasked with determining whether the financial management order should be revoked and whether it was in the best interests of Maria for the order to be revoked. The NSW Trustee and Guardian sought the revocation of the order and the appointment of themselves as the financial manager of Maria's estate.

The court considered the best interests of Maria and the failure of Lana to comply with the directions and authorities of the NSW Trustee and Guardian. It was determined that Lana's failure to comply with the directions and authorities was a significant issue, and the best interests of Maria would be served by revoking the financial management order and appointing the NSW Trustee and Guardian as the financial manager of her estate.

Given the failure of Lana to comply with the directions and authorities of the NSW Trustee and Guardian, and considering the best interests of Maria, the court revoked the financial management order for Maria and appointed the NSW Trustee and Guardian as her financial manager. Lana was directed to hand over or pay over the estate to the NSW Trustee and Guardian.

The court's final orders were that the appointment of Lana as the financial manager of Maria's estate was revoked, and the estate was subject to management under the NSW Trustee and Guardian Act 2009. The management of the estate was committed to the NSW Trustee and Guardian, and Lana was directed to hand over or pay over the estate to the NSW Trustee and Guardian.

Orders

Orders of the court

The Financial Management order for Maria made on 16 May 2018 has been reviewed. The order now is as follows:

1. The appointment of Lana of [address removed for publication] as the financial manager(s) of the estate of Maria is revoked.

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

3. The management of the estate of Maria is committed to the NSW Trustee and Guardian.

4. Lana is to hand over or pay over the estate to NSW Trustee and Guardian of Justice Precinct Offices, Ground floor, 160 Marsden Street PARRAMATTA NSW 2124.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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Medium Neutral Citation:	Maria (a pseudonym) [2024] NSWCATGD 27
Hearing dates:	20 December 2024
Date of orders:	20 December 2024
Decision date:	20 December 2024
Jurisdiction:	Guardianship Division
Before:	S L Handebo, Principal Member
Decision:	The Financial Management order for Maria made on 16 May 2018 has been reviewed. The order now is as follows: 1. The appointment of Lana of [address removed for publication] as the financial manager(s) of the estate of Maria is revoked. 2. The estate of Maria is subject to management under the NSW Trustee and Guardian Act 2009 (NSW). 3. The management of the estate of Maria is committed to the NSW Trustee and Guardian. 4. Lana is to hand over or pay over the estate to NSW Trustee and Guardian of Justice Precinct Offices, Ground floor, 160 Marsden Street PARRAMATTA NSW 2124.
Catchwords:	FINANCIAL MANAGEMENT – review of financial management order – whether the financial management order should be revoked – whether it is in the best interests of the subject person that the financial management order be revoked – where the appointed financial manager has failed to comply with the directions and authorities of the NSW Trustee and Guardian – where the appointed financial manager and the subject person currently reside overseas – order revoked.
Legislation Cited:	Guardianship Act 1987 (NSW), ss 4, 25M, 25M(2)(b), NSW Trustee and Guardian Act 2009 (NSW), Div 2 of Pt 4.5
Cases Cited:	Application by AMAM; Re SAM [2011] NSWSC 503 Holt & Anor v Protective Commissioner (1993) 31 NSWLR 227 M v M [2013] NSWSC 1495
Texts Cited:	NSW Trustee and Guardian, “Private Manager’s Handbook” 14 July 2025
Category:	Principal judgment
Parties:	007: Review or Revoke Financial Management Order Maria (the person) NSW Trustee and Guardian (applicant) Lana (appointed financial manager)
Representation:	None.
File Number(s):	NCAT 2018/00056320
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.