BBS [2014] NSWCATGD 25

Procedural Posture

Guardianship Division Proceedings Concerning Requested and End of Term Review of Guardianship Order, Review of Appointment of Financial Manager, Summary Dismissal Application, and Costs Application / Hearing and Principal Judgment

Legal Issues

1. 1 ["Whether Mr NAS' application for summary dismissal of Mrs LVS' applications should be granted on the basis that the applications were frivolous, vexatious, misconceived or lacking in substance." 'Whether issue estoppel prevented Mrs LVS from bringing the substantive applications.' 'Whether the hearing could proceed in the absence of Miss BBS consistently with procedural fairness.' 'Whether Miss BBS continued to have a disability preventing her from making important life decisions and whether a further guardianship order should be made.' 'What functions and duration should be included in any renewed guardianship order.' 'Whether it was in the best interests of Miss BBS for the appointment of Mr NAS as financial manager to be revoked.' "Whether directions should be made requiring Mr NAS to provide information about Miss BBS' accommodation, services, care programs and care activities." "How Mr NAS' costs application should be dealt with."]

Ratio Decidendi

Mrs LVS' applications raised genuine issues about access, communication and the relationship between financial decisions and services, and therefore were not frivolous, vexatious, misconceived or lacking in substance; issue estoppel did not prevent them. Miss BBS continued to have a severe intellectual disability preventing her from making important life decisions, and an independent guardian remained necessary for access decisions, but the evidence did not establish a current need for additional guardianship functions. The evidence, including the NSW Trustee and Guardian's report and the Separate Representative's position, did not establish that revoking Mr NAS' appointment as financial...

Court Disposition

Mr NAS' summary dismissal application refused and dismissed; guardianship order renewed for 12 months appointing the Public Guardian with access functions; appointment of Mr NAS as financial manager confirmed; reporting directions made; costs application adjourned to be determined on the papers after further...

Orders

• ["Mr NAS' application for summary dismissal of the applications was refused and was summarily dismissed." 'The guardianship order for Miss BBS made by the Guardianship Tribunal on 28 August 2012 was renewed and a continuing guardianship order was made for one year appointing the Public Guardian as guardian for Miss...