KXI [2023] NSWCATGD 20

KXI [2023] NSWCATGD 20

The NCAT has statutory power under s 63 to correct an obvious error in a predecessor tribunal’s decision, such as an inconsistency between the name in the decision and on a birth certificate. The discretion to correct the error by substituting 'Peter' with 'Peta' should be exercised to enable effective administration of the subject's estate.

Parties
Person (subject of the Order): KXI aka Peter Smith; Appointed Financial Manager (applicant for Correction): NSW Trustee and Guardian
Jurisdiction
Australia
Judgment Date
21 November 2023
Procedural Posture
Review or Revoke Financial Management Order / Application to Correct Obvious Error Under S 63
Outcome
Application to correct an obvious error in the recorded name granted.
Legal Topics
Correction of Errors in Tribunal Decisions, Transitional Provisions for Abolished Tribunals, Inconsistency in Identifying Information, Financial Management Orders
Guardianship Law Tribunal Procedure Correction of Errors in Tribunal Decisions Transitional Provisions for Abolished Tribunals Inconsistency in Identifying Information Financial Management Orders

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Parties

KXI aka Peter Smith

Person (subject of the Order)

NSW Trustee and Guardian

Appointed Financial Manager (applicant for Correction)

Procedural Posture

Review or Revoke Financial Management Order / Application to Correct Obvious Error Under S 63

Legal Issues

  1. 1 Whether NCAT has power under s 63 of the Civil and Administrative Tribunal Act 2013 (NSW) to correct an error in a predecessor tribunal's decision
  2. 2 Whether there is an 'obvious error' in the name stated in the 2013 Decision and reasons
  3. 3 Whether discretion should be exercised to make the correction

Ratio Decidendi

The NCAT has statutory power under s 63 to correct an obvious error in a predecessor tribunal’s decision, such as an inconsistency between the name in the decision and on a birth certificate. The discretion to correct the error by substituting 'Peter' with 'Peta' should be exercised to enable effective administration of the subject's estate.

Court Disposition

Application to correct an obvious error in the recorded name granted.

Orders

  • Registrar directed to alter the text of the notice of the decision made by the Guardianship Tribunal of NSW on 28 February 2013 and the statement of reasons for that decision, by substituting the name 'Peter' with the name 'Peta'.