EFK v NSW Trustee and Guardian [2020] NSWCATAD 171

There is no utility in determining the administrative review as NSWTG's management of the estate is terminated by JBC's death; the application has become misconceived and is dismissed.

Parties: Applicant: EFK; Respondent: NSW Trustee and Guardian
Jurisdiction: Australia
Judgment Date: 03 July 2020
Procedural Posture: Administrative Merits Review / Decision on Review Application; Dismissal Order
Outcome: Application dismissed as misconceived
Legal Topics: Merits Review, Guardianship, Termination of Management on Death, Dismissal as Misconceived

Administrative Law Merits Review Guardianship Termination of Management on Death Dismissal as Misconceived

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Parties

EFK

Applicant

NSW Trustee and Guardian

Respondent

Procedural Posture

Administrative Merits Review / Decision on Review Application; Dismissal Order

Legal Issues

1 Should the Tribunal proceed with an administrative review after the death of the managed person and termination of NSWTG management?

Ratio Decidendi

There is no utility in determining the administrative review as NSWTG's management of the estate is terminated by JBC's death; the application has become misconceived and is dismissed.

Court Disposition

Application dismissed as misconceived

Orders

Pursuant to s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 the proceedings are dismissed because they are misconceived.