NCN [2015] NSWCATGD 26

NCN [2015] NSWCATGD 26

It was in Mr NCN's best interests to confirm the appointment of the NSW Trustee and Guardian because his concern about the amount of his allowance was resolved by agreement to increase the allowance, he did not wish the financial management order to stop, there were concerns that others were exploiting him, he had difficulty communicating with and understanding the NSW Trustee and Guardian, and he identified no relative or friend suitable to act as an alternative financial manager.

Jurisdiction
Australia
Judgment Date
16 October 2015
Procedural Posture
Application to Review the Appointment of a Financial Manager / Guardianship Division Hearing on Requested Review of Financial Management Order
Outcome
Financial management order confirmed; appointment of NSW Trustee and Guardian as financial manager confirmed.
Legal Topics
['review of Financial Management Order' 'appointment of NSW Trustee and Guardian' 'protected Person' 'best Interests' 'tribunal Assistance to Self Represented Applicant' 'disability Support and Auslan Interpretation']
['guardianship and Financial Management' 'administrative Law'] ['review of Financial Management Order' 'appointment of NSW Trustee and Guardian' 'protected Person' 'best Interests' 'tribunal Assistance to Self Represented Applicant' 'disability Support and Auslan Interpretation']

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Procedural Posture

Application to Review the Appointment of a Financial Manager / Guardianship Division Hearing on Requested Review of Financial Management Order

Legal Issues

  1. 1 ['Whether it was in the best interests of Mr NCN that the appointment of the NSW Trustee and Guardian as financial manager be revoked.' 'If the appointment were revoked, who should be appointed financial manager.']

Ratio Decidendi

It was in Mr NCN's best interests to confirm the appointment of the NSW Trustee and Guardian because his concern about the amount of his allowance was resolved by agreement to increase the allowance, he did not wish the financial management order to stop, there were concerns that others were exploiting him, he had difficulty communicating with and understanding the NSW Trustee and Guardian, and he identified no relative or friend suitable to act as an alternative financial manager.

Court Disposition

Financial management order confirmed; appointment of NSW Trustee and Guardian as financial manager confirmed.

Orders

  • ['The Tribunal confirmed the financial management order it made on 29 September 2005 in relation to Mr NCN.' 'The appointment of the NSW Trustee and Guardian as financial manager was confirmed.']