DOI v NSW Trustee & Guardian [2018] NSWCATAD 187

DOI v NSW Trustee & Guardian [2018] NSWCATAD 187

The five interim orders were refused because there was no live proposal or application concerning use of an Authorised Visitor or removal of the Applicant as guardian, there was no evidence supporting the alleged contempt or improper conduct, existing directions allowed time for any further relevant material to be provided, and there was no evidence or sufficient basis to restrain the NSW Trustee & Guardian from providing information to the Applicant's siblings.

Jurisdiction
Australia
Judgment Date
21 August 2018
Procedural Posture
Application for Administrative Review With Application for Stay or Interim Orders / Interim Application for Five Orders
Outcome
The application was dismissed.
Legal Topics
['contempt of Tribunal' 'tribunal Jurisdiction' 'interim Orders' 'authorised Visitor' 'production of S.58 Documents' 'consultation by NSW Trustee & Guardian']
['administrative Law' 'tribunal Procedure' 'guardianship and Financial Management'] ['contempt of Tribunal' 'tribunal Jurisdiction' 'interim Orders' 'authorised Visitor' 'production of S.58 Documents' 'consultation by NSW Trustee & Guardian']

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Procedural Posture

Application for Administrative Review With Application for Stay or Interim Orders / Interim Application for Five Orders

Legal Issues

  1. 1 ['Whether the Tribunal should restrain the NSW Trustee & Guardian in relation to the use and deployment of an Authorised Visitor.' 'Whether the NSW Trustee & Guardian and its legal officer should be found in contempt of the Tribunal.' "Whether the Tribunal should make orders protecting the Applicant from being removed as his mother's guardian." 'Whether further orders should be made compelling production of documents relating to the 29 decisions under review.' "Whether the Tribunal should restrain the NSW Trustee & Guardian from providing sensitive and personal information to the Applicant's siblings."]

Ratio Decidendi

The five interim orders were refused because there was no live proposal or application concerning use of an Authorised Visitor or removal of the Applicant as guardian, there was no evidence supporting the alleged contempt or improper conduct, existing directions allowed time for any further relevant material to be provided, and there was no evidence or sufficient basis to restrain the NSW Trustee & Guardian from providing information to the Applicant's siblings.

Court Disposition

The application was dismissed.

Orders

  • ['The application will be dismissed.' 'In accordance with section 64 of the Civil and Administrative Tribunal Act 2013, disclosure of the name of the Applicant, his mother or any of his siblings, or any information or other material which may identify those persons, is prohibited.']