IKT [2015] NSWCATGD 27

IKT [2015] NSWCATGD 27

Because Ms IKT had chronic and ongoing problems meeting her tenancy obligations, including unpaid rent and water charges and breaches of Tribunal payment orders, thereby placing her accommodation security in peril, the Tribunal accepted that she was incapable of managing her financial affairs, needed someone else to do so, and that it was in her best interests for a financial management order to be made. In the absence of an alternative, the NSW Trustee and Guardian was appointed.

Jurisdiction
Australia
Judgment Date
09 October 2015
Procedural Posture
Application for a Financial Management Order / Hearing and Decision in the Guardianship Division
Outcome
Financial management order made; NSW Trustee and Guardian appointed.
Legal Topics
['financial Management Order' 'capacity to Manage Financial Affairs' 'unpaid Rent and Water Charges' "protected Person's Absence From Hearing" 'appointment of NSW Trustee and Guardian']
['guardianship and Administration' 'financial Management'] ['financial Management Order' 'capacity to Manage Financial Affairs' 'unpaid Rent and Water Charges' "protected Person's Absence From Hearing" 'appointment of NSW Trustee and Guardian']

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Procedural Posture

Application for a Financial Management Order / Hearing and Decision in the Guardianship Division

Legal Issues

  1. 1 ['Whether Ms IKT was incapable of managing her affairs.' "Whether there was a need for another person to manage Ms IKT's affairs and whether it was in her best interests for a financial management order to be made." 'If a financial management order was made, who should be appointed financial manager.']

Ratio Decidendi

Because Ms IKT had chronic and ongoing problems meeting her tenancy obligations, including unpaid rent and water charges and breaches of Tribunal payment orders, thereby placing her accommodation security in peril, the Tribunal accepted that she was incapable of managing her financial affairs, needed someone else to do so, and that it was in her best interests for a financial management order to be made. In the absence of an alternative, the NSW Trustee and Guardian was appointed.

Court Disposition

Financial management order made; NSW Trustee and Guardian appointed.

Orders

  • ['The NSW Trustee and Guardian was appointed as financial manager for Ms IKT.' "The Tribunal recommended that the NSW Trustee and Guardian ensure that Ms IKT's rent and water charges, including arrears, are paid but otherwise give positive consideration to allowing Ms IKT access to the rest of her fortnightly...