FDJ v NSW Trustee and Guardian [2022] NSWCATAD 243

FDJ v NSW Trustee and Guardian [2022] NSWCATAD 243

Because of CDE's ongoing financial deficits, inability to meet liabilities, and risks of dependency on FDJ for payments without evidence of financial capacity or security, the correct and preferable decision, having paramount regard to CDE's interests under s 39 of the Act, is to affirm the Trustee's decision to sell both properties.

Jurisdiction
Australia
Judgment Date
21 July 2022
Procedural Posture
Administrative Review / Final Merits Determination
Outcome
Decision of NSW Trustee and Guardian affirmed.
Legal Topics
['trustee Decisions' 'protected Person Property' 'financial Management Order']
['administrative Law' 'guardianship Law'] ['trustee Decisions' 'protected Person Property' 'financial Management Order']

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Procedural Posture

Administrative Review / Final Merits Determination

Legal Issues

  1. 1 ['Whether the decision by NSW Trustee and Guardian to sell properties owned by a protected person is the correct and preferable decision under NSW Trustee and Guardian Act 2009']

Ratio Decidendi

Because of CDE's ongoing financial deficits, inability to meet liabilities, and risks of dependency on FDJ for payments without evidence of financial capacity or security, the correct and preferable decision, having paramount regard to CDE's interests under s 39 of the Act, is to affirm the Trustee's decision to sell both properties.

Court Disposition

Decision of NSW Trustee and Guardian affirmed.

Orders

  • ['The decision made by the NSW Trustee and Guardian on 7 September 2021 is affirmed.']