FMR v NSW Trustee and Guardian [2022] NSWCATAD 410

FMR v NSW Trustee and Guardian [2022] NSWCATAD 410

The intended gifts are not authorised by s 76(1) of the NSW Trustee and Guardian Act 2009 (NSW) as they were not of a seasonal nature or given because of a special event, nor do they constitute donations within the meaning of the Act.

Jurisdiction
Australia
Judgment Date
22 December 2022
Procedural Posture
Administrative Review / Principal Judgment
Outcome
Decision affirmed
Legal Topics
["review of Decision to Decline Request for Gift From Protected Person's Estate" "management of Protected Person's Estate"]
['administrative Law'] ["review of Decision to Decline Request for Gift From Protected Person's Estate" "management of Protected Person's Estate"]

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Procedural Posture

Administrative Review / Principal Judgment

Legal Issues

  1. 1 ["Whether s 76(1) of the NSW Trustee and Guardian Act 2009 (NSW) authorises gifts of $5,000 each to nieces and nephews from FRA's estate"]

Ratio Decidendi

The intended gifts are not authorised by s 76(1) of the NSW Trustee and Guardian Act 2009 (NSW) as they were not of a seasonal nature or given because of a special event, nor do they constitute donations within the meaning of the Act.

Court Disposition

Decision affirmed

Orders

  • ['The decision under review is affirmed.']