CCQ v NSW Trustee and Guardian [2016] NSWCATAD 23

CCQ v NSW Trustee and Guardian [2016] NSWCATAD 23

Given the urgency of securing accommodation for the mother and the legal and financial risks of not proceeding, it was in the best interests of the protected person for the NSW Trustee and Guardian to execute the deed of release with the younger son to secure his vacation of the property. This was the correct and preferable decision considering the mother's welfare under the applicable legislation.

Jurisdiction
Australia
Judgment Date
10 February 2016
Procedural Posture
Administrative Review / Decision on Review
Outcome
decision under review affirmed
Legal Topics
['deed of Release' 'sale of Property' 'accommodation Costs' 'financial Management Order' 'advance on Inheritance' 'protected Persons' 'paramount Interest of Managed Persons']
['administrative Law' 'guardianship Law' 'succession Law'] ['deed of Release' 'sale of Property' 'accommodation Costs' 'financial Management Order' 'advance on Inheritance' 'protected Persons' 'paramount Interest of Managed Persons']

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Procedural Posture

Administrative Review / Decision on Review

Legal Issues

  1. 1 ['Whether the decision of the NSW Trustee and Guardian to execute a Deed of Release with the younger son is the correct and preferable decision in the interests of the protected person' 'Whether adequate consideration was given to the requests and amendments suggested by the applicant and the daughters' "Whether the decision was consistent with the paramount consideration of the protected person's welfare and interests"]

Ratio Decidendi

Given the urgency of securing accommodation for the mother and the legal and financial risks of not proceeding, it was in the best interests of the protected person for the NSW Trustee and Guardian to execute the deed of release with the younger son to secure his vacation of the property. This was the correct and preferable decision considering the mother's welfare under the applicable legislation.

Court Disposition

decision under review affirmed

Orders

  • ['The decision under review, namely that of the NSW Trustee and Guardian dated 23 June 2015, is affirmed.']