EGS [2014] NSWCATGD 18

EGS [2014] NSWCATGD 18

The applications did not disclose grounds warranting further review of the financial management order or the appointment of the NSW Trustee and Guardian, which had previously been reviewed, because there was no evidence that Mrs EGS had regained capacity, no evidence that revocation was in her best interests, no expert or other sufficient evidence supporting Mr QWS's complaints about management, and the circumstances justifying appointment of the NSW Trustee and Guardian had not materially changed. The Tribunal also declined to review the revocation of the 18 August 2003 enduring power of attorney because doing so would create uncertainty or conflict between possible attorneys, would not...

Jurisdiction
Australia
Judgment Date
18 March 2014
Procedural Posture
Applications to Review Revocation of Enduring Power of Attorney, to Review Financial Management Order, and to Review Appointment of Financial Manager / Hearing Before the Guardianship Division of the NSW Civil and Administrative Tribunal
Outcome
Determination not to carry out a review of the enduring power of attorney revocation and refusal to conduct reviews of the financial management order and appointment of financial manager.
Legal Topics
['review of Financial Management Order' 'review of Appointment of Financial Manager' 'review of Revocation of Enduring Power of Attorney' 'self Managed Superannuation Fund' 'conflict of Interest' 'procedural Fairness']
['guardianship' 'financial Management' 'powers of Attorney' 'administrative Law'] ['review of Financial Management Order' 'review of Appointment of Financial Manager' 'review of Revocation of Enduring Power of Attorney' 'self Managed Superannuation Fund' 'conflict of Interest' 'procedural Fairness']

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Procedural Posture

Applications to Review Revocation of Enduring Power of Attorney, to Review Financial Management Order, and to Review Appointment of Financial Manager / Hearing Before the Guardianship Division of the NSW Civil and Administrative Tribunal

Legal Issues

  1. 1 ['Whether the Tribunal should carry out a review of the revocation on 16 July 2010 by Mrs EGS of the enduring power of attorney made on 18 August 2003.' 'Whether the application disclosed grounds warranting a review of the financial management order made in relation to Mrs EGS.' 'Whether the application disclosed grounds warranting a review of the appointment of the NSW Trustee and Guardian as financial manager.' 'Whether the hearing should proceed in the absence of Mrs EGS.']

Ratio Decidendi

The applications did not disclose grounds warranting further review of the financial management order or the appointment of the NSW Trustee and Guardian, which had previously been reviewed, because there was no evidence that Mrs EGS had regained capacity, no evidence that revocation was in her best interests, no expert or other sufficient evidence supporting Mr QWS's complaints about management, and the circumstances justifying appointment of the NSW Trustee and Guardian had not materially changed. The Tribunal also declined to review the revocation of the 18 August 2003 enduring power of attorney because doing so would create uncertainty or conflict between possible attorneys, would not...

Court Disposition

Determination not to carry out a review of the enduring power of attorney revocation and refusal to conduct reviews of the financial management order and appointment of financial manager.

Orders

  • ['Pursuant to Section 36(1) of the Powers of Attorney Act 2003, the Tribunal determined not to carry out a review of the revocation on 16 July 2010 by Mrs EGS of the enduring power of attorney made by her on 18 August 2003 and dismissed the application.' 'Pursuant to Section 25O of the Guardianship Act 1987, the...