BNI v NSW Trustee and Guardian [2015] NSWCATAD 69

BNI v NSW Trustee and Guardian [2015] NSWCATAD 69

Because the Supreme Court had revoked the financial management order under which the NSW Trustee and Guardian's decision was made, there was no longer any instrument on which an affirmed, varied or substituted decision could be based. The decision under review had become redundant, any Tribunal decision would be...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
13 April 2015
Procedural Posture
Administrative Review of a Decision of the NSW Trustee and Guardian / Final Decision After Review Hearing and Directions Hearing
Outcome
The application is dismissed.
Legal Topics
['administrative Review' 'financial Management Order' 'nsw Trustee and Guardian' 'dismissal of Proceedings as Without Substance']
['administrative Law' 'guardianship and Protected Estates'] ['administrative Review' 'financial Management Order' 'nsw Trustee and Guardian' 'dismissal of Proceedings as Without Substance']

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Procedural Posture

Administrative Review of a Decision of the NSW Trustee and Guardian / Final Decision After Review Hearing and Directions Hearing

Legal Issues

  1. 1 ['Whether the Tribunal could determine the administrative review of the NSW Trustee and Guardian decision after the Supreme Court revoked the financial management order under which the decision was made.' 'Whether the application should be dismissed because the decision under review had become redundant and any Tribunal decision would be otiose.']

Ratio Decidendi

Because the Supreme Court had revoked the financial management order under which the NSW Trustee and Guardian's decision was made, there was no longer any instrument on which an affirmed, varied or substituted decision could be based. The decision under review had become redundant, any Tribunal decision would be otiose, and the application was without substance, so it should be dismissed.

Court Disposition

The application is dismissed.

Orders

  • ['The application made by BNI seeking a review of the decision of the NSW Trustee and Guardian be dismissed.']