YKJ v YKL [2024] NSWCATAP 188

YKJ v YKL [2024] NSWCATAP 188

There is no statutory requirement to exhaust the possibility of a suitable private person before appointing NSW Trustee and Guardian under s 25M; procedural fairness was not breached as the Tribunal considered options for financial manager, and insufficient material was before the Appeal Panel to disturb the first instance decision; leave to appeal refused and appeal dismissed.

Parties
Appellant: YKJ; First Respondent: YKL; Second Respondent: NSW Trustee and Guardian; Third Respondent: YKN; Fourth Respondent: YKP; Fifth Respondent: YKO; Sixth Respondent: YKM
Jurisdiction
Australia
Judgment Date
01 October 2024
Procedural Posture
Internal Appeal From Tribunal – Guardianship Division Decision / Final Determination (appeal Panel)
Outcome
leave to appeal refused; appeal dismissed
Legal Topics
Appeal, Financial Management Order, Enduring Power of Attorney, Statutory Interpretation, Procedural Fairness
Guardianship Disability Law Appeal Financial Management Order Enduring Power of Attorney Statutory Interpretation Procedural Fairness

Case Brief

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Parties

YKJ

Appellant

YKL

First Respondent

NSW Trustee and Guardian

Second Respondent

YKN

Third Respondent

YKP

Fourth Respondent

YKO

Fifth Respondent

YKM

Sixth Respondent

Procedural Posture

Internal Appeal From Tribunal – Guardianship Division Decision / Final Determination (appeal Panel)

Legal Issues

  1. 1 Whether Tribunal required to exhaust possibility that no private person was suitable before appointing NSW Trustee and Guardian as financial manager.
  2. 2 Whether Tribunal misconstrued s 25M of the Guardianship Act or asked itself the wrong question.
  3. 3 Whether Tribunal denied procedural fairness by failing to properly consider YKO as a candidate for financial manager.

Ratio Decidendi

There is no statutory requirement to exhaust the possibility of a suitable private person before appointing NSW Trustee and Guardian under s 25M; procedural fairness was not breached as the Tribunal considered options for financial manager, and insufficient material was before the Appeal Panel to disturb the first instance decision; leave to appeal refused and appeal dismissed.

Court Disposition

leave to appeal refused; appeal dismissed

Orders

  • Pursuant to s 65 of the Civil and Administrative Tribunal Act 2013 (NSW), publication or broadcast of any person's name appearing as a witness or involved in proceedings is prohibited without Tribunal consent.
  • Parties to be referred to by pseudonyms as set out in the Reasons for Decision.