EJT [2015] NSWCATGD 16

EJT [2015] NSWCATGD 16

The Tribunal's jurisdiction was not ousted because the District Court had no power to make orders under the NSW Trustee and Guardian Act 2009 (NSW) or the Mental Health Act 2007 (NSW), and a Tribunal order was not futile because the NSW Trustee and Guardian could seek Supreme Court directions under s 64 of the NSW Trustee and Guardian Act 2009 (NSW). Mr EJT lacked capacity to manage ordinary financial affairs, required a person with legal authority to manage his affairs because of the compensation funds and lack of other authority, and Mrs ODT was a suitable private financial manager whose appointment was in his best interests.

Jurisdiction
Australia
Judgment Date
17 April 2015
Procedural Posture
Application for Appointment of a Financial Manager in the Guardianship Division of the NSW Civil and Administrative Tribunal / Final Decision After Hearing
Outcome
Financial management order made; Mrs ODT appointed as private financial manager for Mr EJT, subject to the authorities and directions of the NSW Trustee and Guardian.
Legal Topics
['private Financial Manager' 'incapacity to Manage Affairs' 'jurisdiction of the Tribunal' 'district Court Consent Judgment for Personal Injury Damages' 'nsw Trustee and Guardian Management of Compensation Funds' 'referral to Supreme Court']
['guardianship and Administration' 'financial Management' 'civil Procedure'] ['private Financial Manager' 'incapacity to Manage Affairs' 'jurisdiction of the Tribunal' 'district Court Consent Judgment for Personal Injury Damages' 'nsw Trustee and Guardian Management of Compensation Funds' 'referral to Supreme Court']

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Procedural Posture

Application for Appointment of a Financial Manager in the Guardianship Division of the NSW Civil and Administrative Tribunal / Final Decision After Hearing

Legal Issues

  1. 1 ['Whether Mr EJT was incapable of managing his affairs.' "Whether there was a need for another person to manage Mr EJT's affairs and whether it was in his best interests for a financial management order to be made." 'Who should be appointed financial manager.' "Whether the Tribunal's jurisdiction was ousted by s 25K of the Guardianship Act 1987 (NSW) because District Court consent orders directed that compensation funds be paid to the NSW Trustee and Guardian." 'Whether the Tribunal should refer the proceeding to the Supreme Court under s 25L of the Guardianship Act 1987 (NSW).']

Ratio Decidendi

The Tribunal's jurisdiction was not ousted because the District Court had no power to make orders under the NSW Trustee and Guardian Act 2009 (NSW) or the Mental Health Act 2007 (NSW), and a Tribunal order was not futile because the NSW Trustee and Guardian could seek Supreme Court directions under s 64 of the NSW Trustee and Guardian Act 2009 (NSW). Mr EJT lacked capacity to manage ordinary financial affairs, required a person with legal authority to manage his affairs because of the compensation funds and lack of other authority, and Mrs ODT was a suitable private financial manager whose appointment was in his best interests.

Court Disposition

Financial management order made; Mrs ODT appointed as private financial manager for Mr EJT, subject to the authorities and directions of the NSW Trustee and Guardian.

Orders

  • ["The Tribunal appointed Mrs ODT as Mr EJT's financial manager, subject to the authorities and directions ordered by the NSW Trustee and Guardian."]