Nasser v NSW Trustee and Guardian [2023] NSWCATAD 221

Nasser v NSW Trustee and Guardian [2023] NSWCATAD 221

On the basis of the evidence and legal advice, there were no reasonable prospects of success in pursuing legal action against Ms Habashy or the travel insurer, and the amounts charged for legal fees were reasonable and in accordance with statutory entitlements. The decisions of the NSW Trustee and Guardian are affirmed as correct and preferable in the interests of Mrs Nasser.

Jurisdiction
Australia
Judgment Date
17 August 2023
Procedural Posture
Review of Administrative Decision / Final Decision
Outcome
Affirmed
Legal Topics
['financial Management Order' 'powers and Duties of Financial Manager' 'recovery of Medical and Repatriation Costs' 'legal Fees in Managed Estates']
['administrative Law' 'guardianship Law'] ['financial Management Order' 'powers and Duties of Financial Manager' 'recovery of Medical and Repatriation Costs' 'legal Fees in Managed Estates']

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Procedural Posture

Review of Administrative Decision / Final Decision

Legal Issues

  1. 1 ['Whether the NSW Trustee and Guardian should have sought to recover repatriation expenses from Ms Habashy' 'Whether the NSW Trustee and Guardian should have taken action against the travel insurer for failing to reimburse Mrs Nasser for medical and repatriation expenses' 'Whether the NSW Trustee and Guardian should have charged legal fees for advice sought in relation to possible actions against Ms Habashy and the travel insurer']

Ratio Decidendi

On the basis of the evidence and legal advice, there were no reasonable prospects of success in pursuing legal action against Ms Habashy or the travel insurer, and the amounts charged for legal fees were reasonable and in accordance with statutory entitlements. The decisions of the NSW Trustee and Guardian are affirmed as correct and preferable in the interests of Mrs Nasser.

Court Disposition

Affirmed

Orders

  • ['The decision by the NSW Trustee and Guardian on 5 April 2022 not to pursue legal action against Ms Habashy is affirmed.' "The decision by the NSW Trustee and Guardian on 4 March 2022 not to take legal action against Mrs Nasser's travel insurer is affirmed." "The decision by the NSW Trustee and Guardian on 29 June...