FTF v NSW Trustee & Guardian [2023] NSWCATAD 120
The sale of the managed person's property is necessary to secure her accommodation, pay debts, and provide financial resources for her ongoing needs and welfare; alternative proposals are not substantiated and do not offer equivalent security or protection for the managed person. The Trustee's decision is the correct and preferable one under the statutory scheme.
- Parties
- Applicant: FTF; Respondent: NSW Trustee and Guardian
- Jurisdiction
- Australia
- Judgment Date
- 24 May 2023
- Procedural Posture
- Administrative Review / Final Hearing and Decision
- Outcome
- Decision affirmed
- Legal Topics
- Administrative Review, Financial Management Orders, Managed Persons' Property, Sale of Property, Welfare of Managed Persons
Case Brief
Summary, issues, holding and outcome
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Parties
FTF
Applicant
NSW Trustee and Guardian
Respondent
Procedural Posture
Administrative Review / Final Hearing and Decision
Legal Issues
- 1 Whether the decision of the NSW Trustee and Guardian to sell the managed person's property should be affirmed
- 2 Whether the sale is in the best interests and welfare of the managed person under financial management
Ratio Decidendi
The sale of the managed person's property is necessary to secure her accommodation, pay debts, and provide financial resources for her ongoing needs and welfare; alternative proposals are not substantiated and do not offer equivalent security or protection for the managed person. The Trustee's decision is the correct and preferable one under the statutory scheme.
Court Disposition
Decision affirmed
Orders
- The decision made by the NSW Trustee and Guardian on 1 August 2022 is affirmed.
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