DKF v NSW Trustee & Guardian [2018] NSWCATAD 237

DKF v NSW Trustee & Guardian [2018] NSWCATAD 237

The correct and preferable decision is to repair and replace (where necessary) the back deck and stairs of the mother's home as recommended, not to lease the property for 6 months annually, and instead approve caretaker occupation by DKF's daughter and partner under cl 8(7)(b) of Sch 1A of the Land Tax Management Act 1956 (NSW), subject to obtaining independent legal and tax advice; the prior arrangement for DKL's use is to be reconsidered.

Parties
First Applicant: DKF; Second Applicant: DKG; First Respondent: NSW Trustee & Guardian; Second Respondent: DKL
Jurisdiction
Australia
Judgment Date
10 October 2018
Procedural Posture
Merits Review / Final Decision
Outcome
Decision varied in part, set aside in part, substituted with new arrangements, and affirmed in part.
Legal Topics
Merits Review, Management of Protected Persons' Estate, Land Tax Exemptions, Residential Occupancy Arrangements, Repairs and Maintenance of Protected Estate Property
Administrative Law Guardianship Merits Review Management of Protected Persons' Estate Land Tax Exemptions Residential Occupancy Arrangements Repairs and Maintenance of Protected Estate Property

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Parties

DKF

First Applicant

DKG

Second Applicant

NSW Trustee & Guardian

First Respondent

DKL

Second Respondent

Procedural Posture

Merits Review / Final Decision

Legal Issues

  1. 1 Whether the back deck and stairs of the mother's home should be repaired or replaced
  2. 2 Whether the mother's home should be leased on a non-renewable 6-month basis
  3. 3 Whether DKF's daughter and partner should be allowed to occupy the mother's home as caretaker under the Land Tax Management Act

Ratio Decidendi

The correct and preferable decision is to repair and replace (where necessary) the back deck and stairs of the mother's home as recommended, not to lease the property for 6 months annually, and instead approve caretaker occupation by DKF's daughter and partner under cl 8(7)(b) of Sch 1A of the Land Tax Management Act 1956 (NSW), subject to obtaining independent legal and tax advice; the prior arrangement for DKL's use is to be reconsidered.

Court Disposition

Decision varied in part, set aside in part, substituted with new arrangements, and affirmed in part.

Orders

  • Back deck and stairs to be repaired and replaced where necessary, subject to quotes from two independent licensed builders as per Close Consultants report.
  • Approval given to DKF's daughter and husband to use and occupy the mother's home under cl 8(7)(b) of Sch 1A Land Tax Management Act 1956 (NSW), subject to written request and independent legal and tax advice.