PGT [2024] NSWCATGD 8

PGT [2024] NSWCATGD 8

Although KGT had standing, the Tribunal declined to review the making or the operation and effect of the 2018 EPoA. PGT's death had terminated the EPoA, leaving no practical utility in reviewing its making or declaring it invalid. The main impugned 2015 and 2017 transactions predated the 2018 EPoA, and even a broader review was unlikely to produce useful orders because the Tribunal had no power to order reimbursement to the estate and disputes about estate depletion, conflicted executors and remedies were appropriately for the Supreme Court. The proposed accounts or audit orders would not resolve the dispute and were not shown to better reflect PGT's wishes.

Jurisdiction
Australia
Judgment Date
13 March 2024
Procedural Posture
Review of an Enduring Power of Attorney / Application to Review the Making and Operation and Effect of an Enduring Power of Attorney After the Principal's Death
Outcome
The Tribunal decided not to carry out a review of the making and operation and effect of the 2018 enduring power of attorney; no order was made and the application was dismissed.
Legal Topics
['review of Enduring Power of Attorney' 'standing as Interested Person' 'death of Principal' 'capacity to Make Enduring Power of Attorney' 'operation and Effect of Enduring Power of Attorney' 'accounts and Audit by Attorney' 'alleged Financial Exploitation' 'jurisdiction of NCAT and Supreme Court']
['guardianship' 'powers of Attorney' 'tribunal Procedure' 'estates'] ['review of Enduring Power of Attorney' 'standing as Interested Person' 'death of Principal' 'capacity to Make Enduring Power of Attorney' 'operation and Effect of Enduring Power of Attorney' 'accounts and Audit by Attorney' 'alleged Financial Exploitation' 'jurisdiction of NCAT and Supreme Court']

Case Brief

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Procedural Posture

Review of an Enduring Power of Attorney / Application to Review the Making and Operation and Effect of an Enduring Power of Attorney After the Principal's Death

Legal Issues

  1. 1 ['Whether KGT had standing as an interested person to apply for review of the enduring power of attorney.' "Whether the Tribunal should review the making of the 2018 enduring power of attorney after PGT's death." 'Whether the Tribunal should review the operation and effect of the 2018 enduring power of attorney and make orders for accounts or audit under s 36(4) of the Powers of Attorney Act 2003 (NSW).' "Whether proposed orders would have practical utility or better reflect PGT's wishes prior to death."]

Ratio Decidendi

Although KGT had standing, the Tribunal declined to review the making or the operation and effect of the 2018 EPoA. PGT's death had terminated the EPoA, leaving no practical utility in reviewing its making or declaring it invalid. The main impugned 2015 and 2017 transactions predated the 2018 EPoA, and even a broader review was unlikely to produce useful orders because the Tribunal had no power to order reimbursement to the estate and disputes about estate depletion, conflicted executors and remedies were appropriately for the Supreme Court. The proposed accounts or audit orders would not resolve the dispute and were not shown to better reflect PGT's wishes.

Court Disposition

The Tribunal decided not to carry out a review of the making and operation and effect of the 2018 enduring power of attorney; no order was made and the application was dismissed.

Orders

  • ['In relation to the enduring power of attorney made by PGT on 24 August 2018 which appointed DFT, BHT and NKT as attorney(s) the Tribunal determines, orders or declares: not to carry out a review of the making and operation and effect of the enduring power of attorney.']