EBR v Public Guardian [2020] NSWCATAD 4

EBR v Public Guardian [2020] NSWCATAD 4

NSW Trustee and Guardian was improperly and unnecessarily joined because it had made no administratively reviewable decision about the mother's property or EBR's alternative proposal. On the substantive review, paramount consideration had to be given to the mother's welfare and interests. The evidence showed that after hospital discharge she required 24 hour care and supervision, her eastern suburbs unit was unsuitable and raised safety concerns, there were concerns about the adequacy of her care at home, and EBR's proposal to sell and purchase property within one month was unrealistic. The mother's welfare and interests were best met by respite care at the Central Coast ACF, so the...

Jurisdiction
Australia
Judgment Date
08 January 2020
Procedural Posture
Administrative Review of a Public Guardian Accommodation Decision / Substantive Hearing With Preliminary Issue as to Removal of NSW Trustee and Guardian as a Party
Outcome
NSW Trustee and Guardian removed as a party; Public Guardian's decision affirmed.
Legal Topics
['administrative Review by Ncat' 'public Guardian Accommodation Decision' 'correct and Preferable Decision' 'welfare and Interests of Person Under Guardianship' 'removal of Improperly or Unnecessarily Joined Party' 'aged Care Facility Placement']
['administrative Law' 'guardianship Law'] ['administrative Review by Ncat' 'public Guardian Accommodation Decision' 'correct and Preferable Decision' 'welfare and Interests of Person Under Guardianship' 'removal of Improperly or Unnecessarily Joined Party' 'aged Care Facility Placement']

Case Brief

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Procedural Posture

Administrative Review of a Public Guardian Accommodation Decision / Substantive Hearing With Preliminary Issue as to Removal of NSW Trustee and Guardian as a Party

Legal Issues

  1. 1 ['Whether NSW Trustee and Guardian was a proper or necessary party to the administrative review proceedings or should be removed as improperly or unnecessarily joined.' "Whether the Public Guardian's decision made on 1 October 2019 to accept respite care for the mother at the Central Coast ACF with a view to permanent accommodation was the correct and preferable decision."]

Ratio Decidendi

NSW Trustee and Guardian was improperly and unnecessarily joined because it had made no administratively reviewable decision about the mother's property or EBR's alternative proposal. On the substantive review, paramount consideration had to be given to the mother's welfare and interests. The evidence showed that after hospital discharge she required 24 hour care and supervision, her eastern suburbs unit was unsuitable and raised safety concerns, there were concerns about the adequacy of her care at home, and EBR's proposal to sell and purchase property within one month was unrealistic. The mother's welfare and interests were best met by respite care at the Central Coast ACF, so the...

Court Disposition

NSW Trustee and Guardian removed as a party; Public Guardian's decision affirmed.

Orders

  • ['NSW Trustee and Guardian is removed as a party to the proceedings.' 'The decision of the Public Guardian made on 1 October 2019 to accept on behalf of the mother respite with the view of permanent accommodation at the Central Coast ACF is affirmed.']