VZN - [2020] NSWCATGD 53

NSW Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation: VZN [2020] NSWCATGD 53
Hearing dates: 10 June 2020
Date of orders: 10 June 2020
Decision date: 10 June 2020
Jurisdiction: Guardianship Division
Before: L Organ, Senior Member (Legal)
M J Staples, Senior Member (Professional)
I Ferreira, General Member (Community)
Decision:
1. The estate of VZN is subject to management under the NSW Trustee and GuardianAct 2009 (NSW).
2. The management of the estate of VZN is committed to the NSW Trustee and Guardian.

Catchwords:
FINANCIAL MANAGEMENT – application for a financial management order – gambling addiction – whether subject person incapable of managing their own affairs - subject person in favour of financial management order being made – subject person at risk of homelessness – NSW Trustee and Guardian appointed.

Legislation Cited:
Guardianship Act 1987 (NSW), ss 4, 25G(a), 25M

Cases Cited:
P v NSW Trustee and Guardian [2015] NSWSC 579

Texts Cited:
Nil

Category: Principal judgment
Parties:
001: Financial Management Application
VZN (the person)
BZB (applicant)
NSW Trustee and Guardian (proposed financial
manager)
Representation: Nil

File Number(s): NCAT 2020/00062264
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

FINANCIAL MANAGEMENT APPLICATION

Background

VZN is a 41-year-old man originally from New Zealand who lives in Southwest Sydney in temporary accommodation provided by a charitable organisation. VZN is reported to have a gambling addiction.
On 26 February 2020, an application for the appointment of a financial manager for VZN was made by BZB, Case Worker from the charitable organisation. The application says a financial manager is required as VZN’s gambling addiction is placing him at risk of becoming homeless.

The hearing

At the end of these Reasons for Decision are lists of the parties to the application and the witnesses who attended the hearing. [Appendix removed for publication.]

What did the Tribunal have to decide?

The questions to be considered by the Tribunal are:

Is VZN incapable of managing his affairs?

Is there a need for another person to manage VZN’s affairs and is it in his best interests for a financial management order to be made?

If so, who should be appointed financial manager?

Is VZN incapable of managing his affairs?

In P v NSW Trustee and Guardian [2015] NSWSC 579, Lindsay J commented at [308]-[309] on the meaning of the phrase “capable of managing those [the subject person’s] affairs” in s 25G(a) of the Guardianship Act 1987 (NSW):

[A] focus for attention is whether the person is able to deal with (making and implementing decisions about) his or her own affairs (person and property, capital and income) in a reasonable, rational and orderly way, with due regard to his or her present and prospective wants and needs, and those of family and friends, without undue risk of neglect, abuse or exploitation.
In…

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 VZN

Details

AGLC: VZN [2020] NSWCATGD 53
Case: [2020] NSWCATGD 53
Decision Date: 10 June 2020

CaseChat Overview and Summary

In the case of VZN, the primary focus was on the application for a financial management order concerning an individual struggling with a gambling addiction. The individual, identified as VZN, was at risk of homelessness and appeared to be incapable of managing their own affairs due to their addiction. The application for this order was heard in a relevant Australian court, which had to determine whether the individual met the criteria for such an order under the applicable law. The court was tasked with deciding whether VZN was indeed incapable of managing their own affairs and whether the imposition of a financial management order was in their best interests.

The legal issues before the court included the interpretation of the relevant statutory provisions governing financial management orders. Specifically, the court had to consider whether VZN's gambling addiction constituted a significant impairment of their decision-making capacity and whether this impairment rendered them incapable of managing their own financial affairs. Additionally, the court examined whether making such an order would be in VZN's best interests, considering their vulnerability to homelessness and the potential benefits of the order in safeguarding their financial well-being.

The court carefully examined evidence regarding VZN's gambling addiction, its impact on their ability to manage their finances, and their overall situation. It concluded that VZN's addiction had indeed significantly impaired their decision-making capacity and rendered them incapable of managing their own affairs. Furthermore, the court found that making a financial management order was in VZN's best interests, given their risk of homelessness and the potential protective effect of the order. Accordingly, the court determined that the estate of VZN should be subject to management under the NSW Trustee and Guardian Act 2009 (NSW), with the management of the estate being committed to the NSW Trustee and Guardian.

As a result of the court's decision, the estate of VZN is now subject to management under the NSW Trustee and Guardian Act 2009 (NSW), and the management of the estate has been committed to the NSW Trustee and Guardian. This order aims to protect VZN's financial interests and mitigate the risks associated with their gambling addiction and potential homelessness.

Orders

Orders of the court

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

2. The management of the estate of VZN is committed to 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:	VZN [2020] NSWCATGD 53
Hearing dates:	10 June 2020
Date of orders:	10 June 2020
Decision date:	10 June 2020
Jurisdiction:	Guardianship Division
Before:	L Organ, Senior Member (Legal) M J Staples, Senior Member (Professional) I Ferreira, General Member (Community)
Decision:	1. The estate of VZN is subject to management under the NSW Trustee and GuardianAct 2009 (NSW). 2. The management of the estate of VZN is committed to the NSW Trustee and Guardian.
Catchwords:	FINANCIAL MANAGEMENT – application for a financial management order – gambling addiction – whether subject person incapable of managing their own affairs - subject person in favour of financial management order being made – subject person at risk of homelessness – NSW Trustee and Guardian appointed.
Legislation Cited:	Guardianship Act 1987 (NSW), ss 4, 25G(a), 25M
Cases Cited:	P v NSW Trustee and Guardian [2015] NSWSC 579
Texts Cited:	Nil
Category:	Principal judgment
Parties:	001: Financial Management Application VZN (the person) BZB (applicant) NSW Trustee and Guardian (proposed financial manager)
Representation:	Nil
File Number(s):	NCAT 2020/00062264
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.