DTM v NSW Trustee and Guardian [2019] NSWCATAD 105

DTM v NSW Trustee and Guardian [2019] NSWCATAD 105

The applicant failed to identify any decision of the NSW Trustee and Guardian that is an administratively reviewable decision under the NSW Trustee and Guardian Act 2009 (NSW) and the relevant regulations. The Tribunal's administrative review jurisdiction is, therefore, not enlivened, rendering the application...

Source-derived case information.

Parties
Applicant: DTM; Respondent: NSW Trustee and Guardian
Jurisdiction
Australia
Judgment Date
05 June 2019
Procedural Posture
Administrative Review Application / Application for Dismissal of Substantive Application
Outcome
Application dismissed
Legal Topics
Administrative Review, Jurisdiction of Tribunal, Enabling Legislation, Reviewable Decisions, NSW Trustee and Guardian Functions
Administrative Law Administrative Review Jurisdiction of Tribunal Enabling Legislation Reviewable Decisions NSW Trustee and Guardian Functions

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

DTM

Applicant

NSW Trustee and Guardian

Respondent

Procedural Posture

Administrative Review Application / Application for Dismissal of Substantive Application

Legal Issues

  1. 1 Whether the applicant has identified a decision of the respondent that is an administratively reviewable decision under s 62 of the NSW Trustee and Guardian Act 2009 (NSW) and the Administrative Decisions Review Act 1997 (NSW)

Ratio Decidendi

The applicant failed to identify any decision of the NSW Trustee and Guardian that is an administratively reviewable decision under the NSW Trustee and Guardian Act 2009 (NSW) and the relevant regulations. The Tribunal's administrative review jurisdiction is, therefore, not enlivened, rendering the application misconceived and necessitating its dismissal.

Court Disposition

Application dismissed

Orders

  • Pursuant to s 64(1) of the Civil and Administrative Tribunal Act (NSW) the publication or broadcasting of the name of the applicant is prohibited.
  • Application dismissed.