NZD [2017] NSWCATGD 21

NZD [2017] NSWCATGD 21

The Benevolent Society was a corporation and therefore a "person" within s 21 of the Interpretation Act 1987 (NSW), with nothing in the Guardianship Act 1987 (NSW) indicating a different meaning for s 9(1)(d). Its charitable status, constitutional objects, activities, and relationship with Mr NZD as a service provider demonstrated a genuine concern for his welfare, so it had standing to be substituted as applicant in the guardianship and financial management applications. Leave for legal representation beyond the standing issue was refused to ensure fairness to Ms PAF, and the applications were adjourned to afford procedural fairness and allow the separate representation issue to be...

Jurisdiction
Australia
Judgment Date
27 November 2017
Procedural Posture
Guardianship and Financial Management Applications / Interlocutory Application Concerning Standing, Legal Representation and Adjournment
Outcome
The Tribunal found that The Benevolent Society has standing to apply for guardianship and financial management orders for Mr NZD, refused its request to be otherwise legally represented in the substantive applications, and adjourned the hearing to 14 December 2017.
Legal Topics
['standing' 'genuine Concern for Welfare' 'corporate Personhood' 'legal Representation' 'adjournment' 'procedural Fairness']
['guardianship' 'financial Management' 'administrative Law'] ['standing' 'genuine Concern for Welfare' 'corporate Personhood' 'legal Representation' 'adjournment' 'procedural Fairness']

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Procedural Posture

Guardianship and Financial Management Applications / Interlocutory Application Concerning Standing, Legal Representation and Adjournment

Legal Issues

  1. 1 ['Whether The Benevolent Society is a "person" with standing to make guardianship and financial management applications under s 9(1)(d) of the Guardianship Act 1987 (NSW).' 'Whether The Benevolent Society has a genuine concern for the welfare of Mr NZD.' 'Whether The Benevolent Society should be granted leave to be legally represented in the further hearing of the applications.' 'Whether the guardianship and financial management applications should be adjourned.']

Ratio Decidendi

The Benevolent Society was a corporation and therefore a "person" within s 21 of the Interpretation Act 1987 (NSW), with nothing in the Guardianship Act 1987 (NSW) indicating a different meaning for s 9(1)(d). Its charitable status, constitutional objects, activities, and relationship with Mr NZD as a service provider demonstrated a genuine concern for his welfare, so it had standing to be substituted as applicant in the guardianship and financial management applications. Leave for legal representation beyond the standing issue was refused to ensure fairness to Ms PAF, and the applications were adjourned to afford procedural fairness and allow the separate representation issue to be...

Court Disposition

The Tribunal found that The Benevolent Society has standing to apply for guardianship and financial management orders for Mr NZD, refused its request to be otherwise legally represented in the substantive applications, and adjourned the hearing to 14 December 2017.

Orders

  • ['The Benevolent Society has standing to apply for a guardianship and financial management order.' 'On the application by Ms PAF, the hearing is adjourned to 14 December 2017.' 'The parties are to give to the Tribunal and to all other parties and the separate representative for the person, if any, a copy of any...