AHB v NSW Trustee and Guardian [2017] NSWCATAP 79

AHB v NSW Trustee and Guardian [2017] NSWCATAP 79

The notice of appeal identified no question of law because complaints about weight and the absence of evidence did not establish legal error, particularly where the payment history now relied on was not before the Tribunal. However, leave to extend the appeal to other grounds was warranted in the protective jurisdiction because new circumstances showed a realistic prospect of a secure lease to the S family producing sufficient income for Mrs A and avoiding sale of her home. Having regard to the new material, the correct and preferable decision was to vary the decision under appeal by requiring the NSW Trustee and Guardian to offer the S family a 12-month lease at $550 per week on...

Jurisdiction
Australia
Judgment Date
04 April 2017
Procedural Posture
Internal Appeal From Tribunal Review of a NSW Trustee and Guardian Financial Management Decision to Sell a Protected Person's Home / Appeal Panel Decision on Appeal and Leave to Extend Appeal to Other Grounds
Outcome
Leave granted to extend the appeal to other grounds; decision under appeal varied.
Legal Topics
["protected Person's Home" 'decision to Sell Property' 'reviewable Decision' 'leave to Appeal on Grounds Other Than Questions of Law' 'new Circumstances' 'lease as Alternative to Sale']
['guardianship' 'financial Management' 'administrative Review' 'civil and Administrative Tribunal Procedure'] ["protected Person's Home" 'decision to Sell Property' 'reviewable Decision' 'leave to Appeal on Grounds Other Than Questions of Law' 'new Circumstances' 'lease as Alternative to Sale']

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Procedural Posture

Internal Appeal From Tribunal Review of a NSW Trustee and Guardian Financial Management Decision to Sell a Protected Person's Home / Appeal Panel Decision on Appeal and Leave to Extend Appeal to Other Grounds

Legal Issues

  1. 1 ["Whether the Tribunal's decision affirming the NSW Trustee and Guardian's decision to sell the protected person's home involved an error of law." 'Whether leave should be granted to extend the appeal to grounds other than questions of law to consider new circumstances concerning occupation of the property by the S family and rental payments.' 'Whether the correct and preferable decision was to sell the property or to vary the decision so that the NSW Trustee and Guardian offer a lease of the property to the S family, with sale as the default if the lease was not entered into.']

Ratio Decidendi

The notice of appeal identified no question of law because complaints about weight and the absence of evidence did not establish legal error, particularly where the payment history now relied on was not before the Tribunal. However, leave to extend the appeal to other grounds was warranted in the protective jurisdiction because new circumstances showed a realistic prospect of a secure lease to the S family producing sufficient income for Mrs A and avoiding sale of her home. Having regard to the new material, the correct and preferable decision was to vary the decision under appeal by requiring the NSW Trustee and Guardian to offer the S family a 12-month lease at $550 per week on...

Court Disposition

Leave granted to extend the appeal to other grounds; decision under appeal varied.

Orders

  • ['Leave granted to extend appeal to other grounds to enable consideration of new circumstances.' 'The NSWTG to offer the S family a lease of the subject property for a period of 12 months at a weekly rental rate of $550 per week, that includes the following conditions: (a) That the tenant be advised that they have...