CCP v NSW Trustee and Guardian [2015] NSWCATAD 256

CCP v NSW Trustee and Guardian [2015] NSWCATAD 256

The respondent's decision was made after the managed person's death, by which time management of the estate had terminated. It was not an exercise of a function under Division 1 of Part 4.5 and was not made in connection with the exercise of those functions because the connection required by s 62 is contemporaneous with management of the estate. The later assessment of past error or mismanagement and possible reimbursement or liability from public funds was not a reviewable decision under s 62, so the Tribunal lacked jurisdiction.

Jurisdiction
Australia
Judgment Date
07 December 2015
Procedural Posture
Application for Administrative Review of a Decision of the NSW Trustee and Guardian Not to Approve Reimbursement to a Deceased Managed Person's Estate / Jurisdiction Determined on the Papers
Outcome
The Tribunal does not have jurisdiction to determine the application for review of the respondent's decision.
Legal Topics
['tribunal Jurisdiction' 'financial Management Order' 'termination of Management by Death' 'reviewable Decision' 'reimbursement to Estate']
['administrative Law' 'guardianship and Financial Management'] ['tribunal Jurisdiction' 'financial Management Order' 'termination of Management by Death' 'reviewable Decision' 'reimbursement to Estate']

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Procedural Posture

Application for Administrative Review of a Decision of the NSW Trustee and Guardian Not to Approve Reimbursement to a Deceased Managed Person's Estate / Jurisdiction Determined on the Papers

Legal Issues

  1. 1 ["Whether the Civil and Administrative Tribunal had jurisdiction to review the NSW Trustee and Guardian's decision not to approve reimbursement of $7,167.17 withdrawn from the applicant's late brother's bank account during a period of financial management." "Whether the respondent's decision was made in connection with the exercise of the NSW Trustee's functions under Division 1 of Part 4.5 of the NSW Trustee and Guardian Act 2009."]

Ratio Decidendi

The respondent's decision was made after the managed person's death, by which time management of the estate had terminated. It was not an exercise of a function under Division 1 of Part 4.5 and was not made in connection with the exercise of those functions because the connection required by s 62 is contemporaneous with management of the estate. The later assessment of past error or mismanagement and possible reimbursement or liability from public funds was not a reviewable decision under s 62, so the Tribunal lacked jurisdiction.

Court Disposition

The Tribunal does not have jurisdiction to determine the application for review of the respondent's decision.

Orders

  • ["The Tribunal does not have jurisdiction to determine the application for review of the respondent's decision."]