DYH v NSW Trustee and Guardian [2021] NSWCATAD 200

DYH v NSW Trustee and Guardian [2021] NSWCATAD 200

There was no reviewable decision regarding property expenses or misappropriation, as the NSW Trustee and Guardian had either provided the required documents or had not made a decision refusing to act on the misappropriation allegations. However, the request of 12 January 2021 for payment of rent by Mr X and/or Ms X had not been adjudicated, and should be remitted to the NSW Trustee and Guardian.

Jurisdiction
Australia
Judgment Date
13 July 2021
Procedural Posture
Administrative Review / Application for Dismissal and Substantive Review
Outcome
Partially remitted and partially dismissed
Legal Topics
['administrative Review' 'nsw Trustee and Guardian Functions' 'reviewable Decision' 'financial Management Orders']
['administrative Law'] ['administrative Review' 'nsw Trustee and Guardian Functions' 'reviewable Decision' 'financial Management Orders']

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Procedural Posture

Administrative Review / Application for Dismissal and Substantive Review

Legal Issues

  1. 1 ['Whether the Tribunal has jurisdiction to review alleged decisions by the NSW Trustee and Guardian' 'Whether the NSW Trustee and Guardian made reviewable decisions regarding rent, property expenses, and alleged misappropriation']

Ratio Decidendi

There was no reviewable decision regarding property expenses or misappropriation, as the NSW Trustee and Guardian had either provided the required documents or had not made a decision refusing to act on the misappropriation allegations. However, the request of 12 January 2021 for payment of rent by Mr X and/or Ms X had not been adjudicated, and should be remitted to the NSW Trustee and Guardian.

Court Disposition

Partially remitted and partially dismissed

Orders

  • ['The application is remitted to the NSW Trustee and Guardian to make a decision in respect of the request of 12 January 2021 that Mr X and/or Ms X pay rent while they reside at the property owned by Mrs X and EIV as tenants in common.' 'The application is otherwise dismissed.']