BRN [2015] NSWCATGD 43

BRN [2015] NSWCATGD 43

The application for review or revocation of the financial management order was dismissed under s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 (NSW) as misconceived and lacking in substance, as no material change in circumstances was demonstrated since the previous review. The guardianship application was also dismissed because Mr BRN, with support from family and professionals, was found capable of managing his own affairs and was not a person in need of a guardian as defined by the Guardianship Act.

Parties
Subject Person: Mr BRN; Appointed Financial Manager / Person Having Care of Mr BRN: Ms KAQ; Applicant: Ms HBT; Party to Financial Management Application: The NSW Trustee and Guardian; Referred Sibling: Mrs DMT; Referred Sibling / Alternate Guardian: Mr HWN; Party to Guardianship Application: The Public Guardian
Jurisdiction
Australia
Judgment Date
25 November 2015
Procedural Posture
Guardianship/financial Management Review / Final Determination at Hearing
Outcome
Applications dismissed
Legal Topics
Revocation of Financial Management Order, Guardianship Application, Summary Dismissal, Res Judicata, Capacity Assessment
Guardianship Law Civil Procedure Revocation of Financial Management Order Guardianship Application Summary Dismissal Res Judicata Capacity Assessment

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Parties

Mr BRN

Subject Person

Ms KAQ

Appointed Financial Manager / Person Having Care of Mr BRN

Ms HBT

Applicant

The NSW Trustee and Guardian

Party to Financial Management Application

Mrs DMT

Referred Sibling

Mr HWN

Referred Sibling / Alternate Guardian

The Public Guardian

Party to Guardianship Application

Procedural Posture

Guardianship/financial Management Review / Final Determination at Hearing

Legal Issues

  1. 1 Should the application for review or revocation of financial management order be summarily dismissed under s 55 of the Civil and Administrative Tribunal Act 2013 (NSW)?
  2. 2 Should the Tribunal refuse to review the financial management order under s 25O of the Guardianship Act 1987 (NSW)?
  3. 3 Is Mr BRN capable of managing his affairs and is it in his best interests for the order to be revoked?

Ratio Decidendi

The application for review or revocation of the financial management order was dismissed under s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 (NSW) as misconceived and lacking in substance, as no material change in circumstances was demonstrated since the previous review. The guardianship application was also dismissed because Mr BRN, with support from family and professionals, was found capable of managing his own affairs and was not a person in need of a guardian as defined by the Guardianship Act.

Court Disposition

Applications dismissed

Orders

  • Application for financial management order dismissed under s 55 Civil and Administrative Tribunal Act 2013 (NSW) as misconceived and lacking in substance.
  • Application for guardianship order dismissed.