DZJ v NSW Trustee and Guardian [2022] NSWCATAD 58

DZJ v NSW Trustee and Guardian [2022] NSWCATAD 58

The correct and preferable decision was to affirm the sale of the Ashfield property because the mother's Age pension had been cancelled and was not shown to have been cancelled in error, she did not appear to meet the criteria for a new Age pension because she was no longer accruing an accommodation charge or equivalent liability, her funds had depleted so that she was a fully supported resident, she lacked funds to repair or safely maintain the property, the property was being occupied and sublet without an approved lease or NSW Trustee approval, the applicant had refused access required to assess habitability and safety, rental payments were not sufficiently certain, and the mother's...

Jurisdiction
Australia
Judgment Date
21 February 2022
Procedural Posture
Administrative Review Under S62 of the NSW Trustee and Guardian Act 2009 of a Decision to Sell a Protected Person's Property / Principal Judgment; Review of the NSW Trustee and Guardian Decision Affirmed on Internal Review on 2 March 2021
Outcome
The decision of the NSW Trustee and Guardian dated 2 March 2021 to sell the Ashfield property is affirmed.
Legal Topics
['review of NSW Trustee and Guardian Decision' 'interests and Welfare of Protected Person' "sale of Protected Person's Property" 'financial Management Order' 'cancellation of Age Pension' 'asset Test Exemption' 'residential Aged Care Accommodation Costs']
['administrative Law' 'guardianship and Financial Management' 'social Security' 'property Management'] ['review of NSW Trustee and Guardian Decision' 'interests and Welfare of Protected Person' "sale of Protected Person's Property" 'financial Management Order' 'cancellation of Age Pension' 'asset Test Exemption' 'residential Aged Care Accommodation Costs']

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Procedural Posture

Administrative Review Under S62 of the NSW Trustee and Guardian Act 2009 of a Decision to Sell a Protected Person's Property / Principal Judgment; Review of the NSW Trustee and Guardian Decision Affirmed on Internal Review on 2 March 2021

Legal Issues

  1. 1 ['Is the mother entitled to the Age pension?' "Was the mother's Age pension cancelled in error, and what material was sent to Services Australia (Centrelink) to ascertain whether the mother is entitled to the Age pension?" 'What is the rental status of the Ashfield property?' "What are the mother's linguistic and cultural needs relevant to the application?" 'What is the current financial status of the mother?' 'Is it the correct and preferable decision that the Ashfield property be sold?']

Ratio Decidendi

The correct and preferable decision was to affirm the sale of the Ashfield property because the mother's Age pension had been cancelled and was not shown to have been cancelled in error, she did not appear to meet the criteria for a new Age pension because she was no longer accruing an accommodation charge or equivalent liability, her funds had depleted so that she was a fully supported resident, she lacked funds to repair or safely maintain the property, the property was being occupied and sublet without an approved lease or NSW Trustee approval, the applicant had refused access required to assess habitability and safety, rental payments were not sufficiently certain, and the mother's...

Court Disposition

The decision of the NSW Trustee and Guardian dated 2 March 2021 to sell the Ashfield property is affirmed.

Orders

  • ['The decision of the NSW Trustee and Guardian dated 2 March 2021 to sell the Ashfield property is affirmed.']