TYD [2019] NSWCATGD 23

TYD [2019] NSWCATGD 23

Although TYD remains incapable of managing her own affairs, the Tribunal was satisfied that her financial matters could be managed informally by her brother JUD without the need for a continuing financial management order; therefore, revocation of the order was in TYD's best interests.

Parties
The Person: TYD; Appointed Financial Manager: JUD; Party: NSW Trustee and Guardian
Jurisdiction
Australia
Judgment Date
13 December 2019
Procedural Posture
Review of Reviewable Financial Management Order / Review
Outcome
Financial management order revoked
Legal Topics
Financial Management Order, Revocation of Financial Management Order, Review of Reviewable Order, Best Interests of Subject Person, Incapacity
Guardianship Financial Management Order Revocation of Financial Management Order Review of Reviewable Order Best Interests of Subject Person Incapacity

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Parties

TYD

The Person

JUD

Appointed Financial Manager

NSW Trustee and Guardian

Party

Procedural Posture

Review of Reviewable Financial Management Order / Review

Legal Issues

  1. 1 Whether the financial management order should be revoked under the relevant criteria
  2. 2 Whether TYD remains incapable of managing her financial affairs
  3. 3 Whether revocation of the order is in the best interests of TYD

Ratio Decidendi

Although TYD remains incapable of managing her own affairs, the Tribunal was satisfied that her financial matters could be managed informally by her brother JUD without the need for a continuing financial management order; therefore, revocation of the order was in TYD's best interests.

Court Disposition

Financial management order revoked

Orders

  • The financial management order made on 17 June 2019 is revoked from 13 December 2019.
  • The person appointed as manager of the estate is to pay over or hand over the estate to: TYD.