CZL v NSW Trustee and Guardian [2017] NSWCATAD 143

CZL v NSW Trustee and Guardian [2017] NSWCATAD 143

The Tribunal has jurisdiction to review the NSW Trustee’s decision under s 70(1) NSW Trustee and Guardian Act 2009 (NSW); application accepted as time extended due to lack of proper notice; however, orders for a stay or otherwise affecting the operation of the decision are dismissed as the balance of convenience weighs against such orders and prospects of success are difficult to assess.

Jurisdiction
Australia
Judgment Date
04 May 2017
Procedural Posture
Administrative Review / Application for Stay/interim Orders, Extension of Time
Outcome
Application for stay/interim orders dismissed; time for lodgement of application for review extended.
Legal Topics
['stay of Decision' 'extension of Time' 'tribunal Jurisdiction']
['administrative Law' 'guardianship' 'financial Management'] ['stay of Decision' 'extension of Time' 'tribunal Jurisdiction']

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Procedural Posture

Administrative Review / Application for Stay/interim Orders, Extension of Time

Legal Issues

  1. 1 ['Does the Tribunal have power to review the NSW Trustee’s decision?' 'Should the Tribunal accept the application even though it was lodged out of time?' 'Is this the kind of decision that can be stayed or whose operation can be affected?' 'Should the operation of the decision be affected?']

Ratio Decidendi

The Tribunal has jurisdiction to review the NSW Trustee’s decision under s 70(1) NSW Trustee and Guardian Act 2009 (NSW); application accepted as time extended due to lack of proper notice; however, orders for a stay or otherwise affecting the operation of the decision are dismissed as the balance of convenience weighs against such orders and prospects of success are difficult to assess.

Court Disposition

Application for stay/interim orders dismissed; time for lodgement of application for review extended.

Orders

  • ['The application for a stay or interim order dated 14 March 2017 and lodged on 21 March 2017 is amended so as to delete the application for orders numbered 2–6.' 'The application for a stay or interim order dated 14 March 2017 and lodged on 21 March 2017 is dismissed.' 'The application for a stay or interim order...