FYM v NSW Trustee and Guardian [2024] NSWCATAD 234

FYM v NSW Trustee and Guardian [2024] NSWCATAD 234

The sale proceeds should be divided between husband and wife according to their respective care and accommodation needs, the wife's protected status, evidence of joint tenancy, and welfare considerations, resulting in 62.74% to the wife and 37.26% to the husband.

Jurisdiction
Australia
Judgment Date
13 August 2024
Procedural Posture
Administrative Review / Final Decision
Outcome
The decision of the NSW Trustee and Guardian dated 1 August 2023 is set aside. The sale proceeds are to be divided as 62.74% to the wife and 37.26% to the husband.
Legal Topics
['financial Management' 'distribution of Sale Proceeds' 'joint Tenancy' 'aged Care' 'protected Persons']
['administrative Law' 'elder Law' 'family Law'] ['financial Management' 'distribution of Sale Proceeds' 'joint Tenancy' 'aged Care' 'protected Persons']

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Procedural Posture

Administrative Review / Final Decision

Legal Issues

  1. 1 ['How should the sale proceeds of the apartment be distributed?' 'Did the husband have a beneficial interest in the apartment and consequently in the sale proceeds?' 'What principles should guide distribution of proceeds in context of protected persons and their welfare?']

Ratio Decidendi

The sale proceeds should be divided between husband and wife according to their respective care and accommodation needs, the wife's protected status, evidence of joint tenancy, and welfare considerations, resulting in 62.74% to the wife and 37.26% to the husband.

Court Disposition

The decision of the NSW Trustee and Guardian dated 1 August 2023 is set aside. The sale proceeds are to be divided as 62.74% to the wife and 37.26% to the husband.

Orders

  • ['The decision of the NSW Trustee and Guardian dated 1 August 2023 is set aside.' 'In substitution, the proceeds of the sale of the apartment are to be divided: 37.26% to the husband; 62.74% to the wife.']